Guardian and Ward

  1. Law
  2. Oklahoma Statutes
  3. Guardian and Ward

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Section
30-1

Renumbered as § 1-105 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-1-101

Short title.

Section
30-1-102

Articles in Act.

Section
30-1-103

Purpose of Act - Legislative intent.

Section
30-1-104

Existing guardianships or conservatorships - Compliance with Act - Court review of cases.

Section
30-1-105

Guardian defined.

Section
30-1-106

Guardians ad litem excluded.

Section
30-1-107

Ward defined.

Section
30-1-108

Guardians classified.

Section
30-1-109

General guardian.

Section
30-1-110

Special guardian.

Section
30-1-111

Definitions.

Section
30-1-112

Persons and property subject to act - Power of appointment - Parental rights.

Section
30-1-113

Appointment of guardian - Jurisdiction.

Section
30-1-114

Powers of court.

Section
30-1-115

Venue - Priorities of jurisdiction - Transfer - Consolidation.

Section
30-1-116

Place of hearing - Order and decree.

Section
30-1-117

Guardians ad litem - Power to appoint - Appointment.

Section
30-1-118

Guardian of nonresident.

Section
30-1-119

Powers of guardian.

Section
30-1-120

Power of guardian of the person - Report of change of ward's abode - Power of limited guardians.

Section
30-1-121

Guardian of the property - Power - Fiduciary duty.

Section
30-1-122

Confidential information filed with court.

Section
30-1-123

Letters of guardianship.

Section
30-1-124

Guardianship and conservatorship handbook and duties summary.

Section
30-1-125

Computation of time.

Section
30-2

Renumbered as § 1-107 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-2-101

When guardian of minor to be appointed - Petition - Notice.

Section
30-2-102

Nominations of guardian.

Section
30-2-103

Nomination and appointment of guardian - Age of minor.

Section
30-2-104

Nomination of guardian by minor at 14 years of age - Approval of court.

Section
30-2-105

Appointment when ward's nominee ineligible.

Section
30-2-106

Appointment of parents as guardians.

Section
30-2-107

Guardian in charge of education.

Section
30-2-108

Education and maintenance of minor - Income from property of minor - Guardianship of minor with living parent - Child support.

Section
30-2-109

Conditions of appointment.

Section
30-2-110

Investments authorized.

Section
30-2-111

Contracts on lives of wards and beneficiaries of trust funds.

Section
30-2-112

Interest of guardian.

Section
30-2-113

When power of guardian appointed by parent ceases.

Section
30-2-114

Release of minor ward at majority.

Section
30-2-115

Limitation of discharge by court.

Section
30-2-116

Delivery of up to $10,000 of minor's estate to custodian, parent or minor.

Section
30-2-117

Custody by abandonment of a minor - Qualified relative.

Section
30-3

Renumbered as § 1-108 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-3-101

Petition for appointment of guardian.

Section
30-3-102

Nomination of guardians or alternate guardians by adult - Priorities of nominations.

Section
30-3-102.1

Initiation of guardianship proceedings for minors at least 17 years and 6 months of age.

Section
30-3-103

Nomination of guardian or limited guardian by will.

Section
30-3-104

Priorities for selection by court of guardian or limited guardian - Appointment of organization - Determination of suitability - Appointment of public agency.

Section
30-3-105

Court appointment where nominee is unable, unwilling or cannot qualify to serve.

Section
30-3-106

Rights of individual alleged to be or found to be incapacitated or partially incapacitated - Confidentiality - Relief from costs and fees - Record.

Section
30-3-106.1

Court-appointed advocates for vulnerable adults programs.

Section
30-3-107

Appointment of counsel - Explanation and inquiry by court - Replacement of appointed counsel - Determination of independence of retained counsel - Record.

Section
30-3-108

Evaluations of subject of proceeding.

Section
30-3-109

Hearing on petition - Setting of date.

Section
30-3-110

Notice of hearing.

Section
30-3-111

Determination by court - Order appointing guardian - Explanation on record.

Section
30-3-112

Appointment of guardians or limited guardians.

Section
30-3-113

Order appointing guardian - Specific determinations of capacity - Submission of guardianship plan - Other orders.

Section
30-3-114

Assignment of powers to limited guardian - Endorsement of limitation or specification of assets upon letters of guardianship.

Section
30-3-115

Appointment of special guardian - Powers - Duration - Bond - Removal.

Section
30-3-116

Proceedings to determine restoration to capacity.

Section
30-3-117

Presumption of capacity when guardian discharged without appointment of another.

Section
30-3-118

Duties and powers of guardian or limited guardian.

Section
30-3-119

Limitation of powers of guardian.

Section
30-3-120

Proposed plan for care and treatment of ward.

Section
30-3-121

Disposition of financial resources under supervision and control of guardian or limited guardian - Petition for restoration of capacity.

Section
30-3-122

Proposed plan for management of financial resources of ward.

Section
30-3-123

Sale or lease of homestead of incapacitated or partially incapacitated person.

Section
30-3-124

Sale or lease of real property by guardian - Approval - Joinder of spouse.

Section
30-3-125

Application - Sections 60 and 61 cumulative.

Section
30-3-126

Estates of incapacitated or partially incapacitated persons not exceeding $10,000.00 - Disposition - Discharge and release.

Section
30-3-201

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-202

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-203

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-204

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-205

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-206

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-207

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-208

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-209

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-210

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

Section
30-3-211

Petition for appointment of conservator by reason of physical disability - Consent - Notice and hearing.

Section
30-3-212

Appointment of conservator - Consent necessary.

Section
30-3-213

Persons ineligible for appointment as conservator.

Section
30-3-214

Care, custody and management of estate - Bond.

Section
30-3-215

Powers and duties of conservator - Jurisdiction of court.

Section
30-3-216

Discharge of conservator - Accounting.

Section
30-3-217

Compensation of conservator.

Section
30-3-218

Subsequent appointment of guardian of ward - Effect on estate.

Section
30-3-219

Limitation on right of ward to contract.

Section
30-3-220

Validation of prior conservatorships.

Section
30-3-301

Short title.

Section
30-3-302

Definitions.

Section
30-3-303

Communication between courts.

Section
30-3-304

Requests between courts in guardianship or protective proceedings.

Section
30-3-305

Testimony of a witness located in another state.

Section
30-3-306

Definitions - Applicability.

Section
30-3-307

Jurisdictional basis for appointing a guardian or issuing a protective order.

Section
30-3-308

Jurisdictional requirements for appointing a guardian or issuing a protective order.

Section
30-3-309

Special jurisdiction.

Section
30-3-310

Continuing jurisdiction over proceeding.

Section
30-3-311

Factors for declining jurisdiction.

Section
30-3-312

Jurisdiction acquired through unjustifiable conduct.

Section
30-3-313

Notice of petition in home state of respondent.

Section
30-3-314

Rules for filing of petitions in multiple states.

Section
30-3-315

Transfer of guardianship or conservatorship - Notification of petition.

Section
30-3-316

Confirmation of transfer of guardianship or conservatorship.

Section
30-3-317

Registration of out-of-state guardianship order.

Section
30-3-318

Registration of out-of-state protective order.

Section
30-3-319

Use of authorized powers.

Section
30-3-320

Applying and construing the act.

Section
30-3-321

Relation to Electronic Signatures in Global and National Commerce Act.

Section
30-3-322

Application of act.

Section
30-4

Renumbered as § 1-109 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-4-101

Appointment as guardian of more than five wards prohibited - Exceptions.

Section
30-4-102

Violations - Punishment.

Section
30-4-103

Disqualification by financial relations with judge of district court - Removal of ineligible guardians - Liability for continuing to act - Removal of judge.

Section
30-4-104

Eligibility of nonresidents - Foreign trust companies or institutions - Domestic corporations or trust companies

Section
30-4-105

Inquiry into suitability of person proposed to serve as guardian

Section
30-4-201

Guardian's bond.

Section
30-4-202

Request for security or bond - Suspension of powers - Order.

Section
30-4-203

Requirement of new bonds - Discharge of sureties on old bond.

Section
30-4-204

Preservation of bonds - Breach of condition - Actions on bonds.

Section
30-4-205

Limitation of action on bond - Effect of disability.

Section
30-4-301

Inventory and account of estate of ward - Appraisal - Waiver of inventory prohibited.

Section
30-4-302

Repealed by Laws 1990, c. 323, § 80, operative July 1, 1990.

Section
30-4-303

Settlement and allowance of accounts - Reports to court - Accounting informations - Date certain for next annual report.

Section
30-4-304

Account by one of joint guardians.

Section
30-4-305

Report on guardianship of person - Requirements - attachments.

Section
30-4-306

Report on guardianship or limited guardianship of property - Requirements - Attachments - Review of financial resources.

Section
30-4-307

Mailing of copies of annual report - Objections to report - Hearing - Order granting immediate relief - Order for compensation - New bond - Appointment of counsel to represent ward.

Section
30-4-308

Application for relief - Notice - Hearing - Order - Appointment of counsel to represent ward - Joinder of separate applications or objections - Evaluation of ward - Hearing without notice.

Section
30-4-401

Expenses and compensation of guardians.

Section
30-4-402

Joint guardians - Compensation.

Section
30-4-403

Compensation for attorneys, guardians ad litem and persons conducting evaluations.

Section
30-4-404

Costs - Appointment of guardian to authorize entry into armed forces – Performance of conditions.

Section
30-4-501

Appointment of more than one guardian - Bond.

Section
30-4-502

Two or more guardians.

Section
30-4-503

Death of joint guardian.

Section
30-4-601

Guardian for nonresident ward - Notice of hearing.

Section
30-4-602

Powers of nonresident's guardian same as in other cases.

Section
30-4-603

First appointment is exclusive.

Section
30-4-604

Bond of guardian of nonresident.

Section
30-4-605

Removal of property.

Section
30-4-606

Application for removal - Requirements.

Section
30-4-607

Order for removal discharges local guardian.

Section
30-4-701

Payment of debts.

Section
30-4-702

Collection and settlement of accounts and appearance for ward in suits - Compromise and settlement of claims.

Section
30-4-703

Discharge and release.

Section
30-4-704

Service upon guardian - Duty of guardian.

Section
30-4-705

Management of estate - Income applied for support of ward - Sale of realty.

Section
30-4-706

Maintenance and support of ward - Credit on settlement - Payment of third person furnishing necessaries on guardian's refusal.

Section
30-4-707

Execution of waivers or consents for wards.

Section
30-4-708

Investment of money and proceeds of sales.

Section
30-4-709

Investment of monies belonging to estates - Purchase of homesteads for incapacitated or partially incapacitated persons.

Section
30-4-710

Transfer of real or personal property – Protective arrangements.

Section
30-4-751

Income insufficient for maintenance - Sale of property necessary.

Section
30-4-752

Sale of property for investment.

Section
30-4-753

Proceeds of sale - Investment - Maintenance of ward and family.

Section
30-4-754

Petition for sale - Verification.

Section
30-4-755

Hearing, notice and order.

Section
30-4-756

Mailing or publication of order - Waiver of notice.

Section
30-4-757

Hearing upon order - Protests.

Section
30-4-758

Partition of real estate - Assent to - Approval of court.

Section
30-4-759

Sale of oil, gas, mining leases.

Section
30-4-760

Testimony - Witnesses - Attendance and examination of.

Section
30-4-761

Costs awarded prevailing party on hearing of objections to order.

Section
30-4-762

Order for sale - Public or private sale.

Section
30-4-763

Sale bond by guardian.

Section
30-4-764

Sales governed by same law as in estates of decedents.

Section
30-4-765

Order in force for one year only.

Section
30-4-766

Terms of sale - Security.

Section
30-4-767

Limitation of action for recovery of estate sold - Disability and removal thereof.

Section
30-4-768

Exchange of property held by ward or wards in common - Notice.

Section
30-4-769

Sale of perishable property - Report - Good faith determination of perishability.

Section
30-4-770

Former leases legalized.

Section
30-4-801

Removal of guardians.

Section
30-4-802

Suspension of power of guardian - Marriage of incapacitated or partially incapacitated person.

Section
30-4-803

Termination of authority and responsibility of guardian - Removal - Resignation - Final account - Notice and hearing.

Section
30-4-804

Termination of guardianship when unnecessary.

Section
30-4-805

Distribution of personal property of intestate ward.

Section
30-4-901

Civil liability of guardians or petitioners - Damages.

Section
30-4-902

Citation for concealment or embezzlement.

Section
30-4-903

Reporting of abuse, neglect or exploitation - Violation and penalty - Civil liability.

Section
30-4-904

Concealment or removal from jurisdiction of certain persons.

Section
30-5

Renumbered as § 1-110 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-5-101

Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

Section
30-6

Renumbered as § 2-102 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-6-101

Short title – Purpose – Office of Public Guardian – Powers and duties.

Section
30-6-102

Public guardianship pilot program – Evaluating board.

Section
30-7

Renumbered as § 1-112 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-8

Renumbered as § 1-113 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-9

Renumbered as § 1-118 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-10

Renumbered as § 1-114 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-11

Repealed by Laws 1983, c. 269, § 4, operative July 1, 1983.

Section
30-12

Repealed by Laws 1983, c. 269, § 4, operative July 1, 1983.

Section
30-13

Repealed by Laws 1988, c. 329, § 136, eff. Dec. 1, 1988.

Section
30-14

Renumbered as § 1-119 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-15

Renumbered as § 1-120 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-16

Renumbered as § 1-121 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-17

Renumbered as § 4-503 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-18

Renumbered as § 4-801 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-19

Renumbered as § 2-113 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-20

Renumbered as § 4-802 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-21

Renumbered as § 2-114 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Section
30-22

Renumbered as § 2-115 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.