A Handbook for Guardians
Prepared by
Administrative Office of the Courts
Oklahoma City, Oklahoma
A Handbook for Guardians
Index
Introduction to Guardianship................................................................................. 2
Types of Guardianships........................................................................................... 2
Who Is Governed By the Oklahoma
Guardianship and Conservatorship Act ................................................................ 4
Incapacity.................................................................................................................. 4
Guardianship Proceedings ...................................................................................... 5
Who May Be Appointed As a Guardian ................................................................ 6
A HANDBOOK FOR GUARDIANS
This handbook is published pursuant to the guardianship laws of Oklahoma. It is designed to
provide information about the laws and procedures concerning guardianship and conservatorships.
It includes a summary of the duties of guardians and conservators, such as legal notices, time tables,
and required court approvals.
Penalties may be assessed against a guardian or conservator for failure to comply with the
requirements of the law or orders of the court. Accountability is important not only to the court,
but also to the ward.
This handbook has been provided as a reference guide only. It is not intended to answer all
questions on guardianship . The handbook is not designed to substitute for the advice of the
guardian’s own attorney concerning the responsibilities, duties, authority or liabilities of service as a
guardian. A guardian may seek the advice of an attorney at his or her own expense. If a guardian
cannot afford an attorney the guardian may contact Legal Aid of Eastern or Western Oklahoma.
The Court and its staff, as well as the Court Clerk’s office and its staff are elected public servants.
However, the rules and laws governing the contact of these individuals prohibit them
from
providing legal advice or a specific case. They cannot provide legal advice on how the court
procedures should be applied in a specific case. It is improper for the judge or his/her staff to
speak with the guardian about a specific case without all interested parties being present
.
Introduction to Guardianship
Appointment as a guardian brings with it many responsibilities and duties. The precise nature of a
guardian’s duties will be determined by the judge and by the law. A guardian will perform duties
under the direction and supervision of the court and will be required to account to the court for
any action taken as a guardian. A guardian will be directed by the court to take certain actions as
guardian and to prepare reports for the court.
The Oklahoma Legislature enacted the Guardianship and Conservatorship Act to protect the
welfare of all citizens of the state and to protect the financial resources and the physical well-being
of minors, partially incapacitated and incapacitated persons.
The legislature has created different types of guardianships. Statutes governing guardianships may
be found beginning at Title 30 of the Oklahoma Statues thereinafter referred to as “O.S.”, Section
1-101. Relative Guardianship of Minors has certain special requirements and these will be covered
in a separate handbook. All statutes mentioned in the Handbook may be found at.
A guardianship may be general, limited, or special. A general guardian may be a guardian of the
person of the ward, a guardian of the property of the ward, or both. A limited guardian is a person
authorized by the court to exercise limited powers over the person of the ward, the Oklahoma
property of the ward, or both. A special guardian may be appointed to meet the emergency needs
of a ward.
Types of Guardianships
A guardianship is a person appointed by the court to take care of the person or property of
another. (30 O.S. §1-105)
Other useful terms are:
Guardian – A person appointed as general or limited guardian of the person, and/or general or
limited guardian of property, or as a special guardian. It does not
include “guardian ad litem.” (30
O.S. §1-106)
Ward – A person over whom a guardian is appointed and a person over whose property a guardian
or conservator is appointed.
General Guardian – A guardian of the person or of all the property of the ward within this state or
of both person and property. (30 O.S. §1-109)
Limited Guardian – A person authorized by the court to exercise limited powers over the person of
the ward, or over the property of the ward within the state or of both person and property. (30
O.S. §1-109)
Special Guardian – A guardian appointed for an emergency purpose, generally not to exceed thirty
(30) days. (30 O.S. §3-115)
Guardian Ad Litem – A person appointed by the court to assist in making decisions. (30 O.S. §1-
111)
Guardianship Plan – The plan for the care and treatment of a ward or for the management of the
ward’s financial resources, or both. (30 O.S. §1-111)
Minor – A person under eighteen (18) years of age. (30 O.S. §1-111)
Additional definitions may be found at Title 30 of the Oklahoma Statutes, Section 1-111.
Estate – The property of the person subject to the guardianship proceeding
. (30 O.S. §1-111)
Guardianship Proceeding – A proceeding for the appointment of a guardian or for other orders
regarding the condition, care or treatment of or the management of the financial resources of a
ward. (30 O.S. §1-111)
Who is Governed by the Oklahoma Guardianship
and Conservatorship Act
The Guardianship Act applies to:
1. Minors in Oklahoma
2. Incapacitated and partly incapacitated persons
3. Property in Oklahoma belonging to a minor or incapacitated person who does not live in
Oklahoma, and,
4. Property coming into the control of a guardian who is subject to the laws of Oklahoma.
(30 O.S. §1-112)
No person, whether a parent or nonparent, has any power as a guardian unless so appointed by the
court. The Oklahoma Guardianship and Conservatorship Act shall not be construed to limit the
parental rights of parents as the natural guardians of their children.
Incapacity
An incapacitated person is defined by the statutes as “a person eighteen (18) years of age or older:
a. who is impaired by reason of:
1. mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes;
2. mental retardation or developmental disability as defined by Section 1-818.2 of Title
63 of the Oklahoma Statutes;
3. physical illness or disability;
4. drug or alcohol dependency as defined by Section 3-403 of Title 43A of the
Oklahoma Statutes; or
5. such other similar cases, and
b. whose ability to receive and evaluate information effectively or to make and to
communicate responsible decisions is impaired to such an extent that said person:
1. lacks the capacity to meet essential requirements for his physical health or safety, or
2. unable to manage his financial resources.
A partially incapacitated person is defined as “an incapacitated person whose impairment
is only to the extent that without the assistance of a limited guardianship person is unable
to:
1. meet the essential requirements for his physical health or safety, or
2. manage all of his financial resources or to engage in all of the activities necessary for
the effective management of his financial resources.
A finding that an individual is partially incapacitated shall not constitute a finding of legal
incompetence. A partially incapacitated person shall be legally competent in all areas other than
the area or areas specified by the court in its dispositional or subsequent orders. Such person shall
retain all legal rights and abilities other than those expressly limited or curtailed in said orders.” (30
O.S. §1-111)
Guardianship Proceedings
A guardianship proceeding will usually be filed in the district court of the county where the minor,
the incapacitated or the partially incapacitated person resides. If the proposed guardian is a
member of the minor’s or incapacitated person’s family, the guardianship proceeding may take
place in the district court of the county where the proposed guardian lives. (30 O.S. §1-115)
In all cases, the first step in a guardianship is the filing of a written petition. Any person interested
in the welfare of a person believed to be incapacitated or partially incapacitated may file a verified
petition alleging the incapacitation and requesting the appointment of a guardian for the potential
ward.
The procedures for the appointment of a guardian for a minor (a child under the age of eighteen
(18) years) and the appointment of a guardian for an incapacitated person differ. A guardian may
be appointed for a minor after a hearing on a petition filed with the district court. (30 O.S. §2-101)
If the minor is at least fourteen (14) years of age, he or she will be given notice of the hearing. A
minor of fourteen (14), or a minor upon reaching the age of fourteen (14), may nominate his or
her own guardian. (30 O.S. §§2-103 and 2-104) Such nomination must be approved by the court.
Special procedures may be available for the management of the estate of a ward that does not
exceed Ten Thousand Dollars ($10,000). If this applies in your situation, please consult a lawyer.
(30 O.S. §2-116)
Who May Be Appointed As a Guardian
The statutes relating to guardianship set forth a list of persons who may serve as guardians and an
order of priority for appointment by the court. (30 O.S. §3-104) A guardian or limited guardian is
often a spouse, child or other relative of the potential ward. After the petition is filed, notice must
be given to a statutorily set list of persons of the time and place of the hearing. The subject of the
proceeding must always be given notice. The notice requirements are set out at page ___ of this
handbook. A brief list of those who may be appointed as a guardian, with priority of appointment,
are as follows:
1. the person(s) nominated by the subject of the guardianship;
2. the current guardian or limited guardian appointed by a court in another jurisdiction
where the incapacitated or partially incapacitated person resides;
3. the person nominated by the will or other writing of a deceased parent, spouse or adult
child that was serving as the guardian or limited guardian of the subject of the
proceeding;
4. the spouce of the subject of the proceeding;
5. an adult child;
6. a parent;
7. a sibling;
8. a person, approved by the court, with whom the subject of the guardianship was living
for more than six (6) months.
Legal Representation
The person who is the subject of the proceeding may hire an attorney or the court may appoint a
lawyer for the person who is the subject of the petition. (30 O.S. §3-107) The court may, if it is in
the best interest of the ward, have the prospective ward evaluated by a mental health professional or
other expert. (30 O.S. §3-108) The cost of court-appointed legal representation or evaluation may
be charged against the ward’s estate if sufficient funds are available. (30 O.S. §3-107)
At the court hearing on the petition, which shall be no more than thirty (30) days after the filing of
the petition, the court may find:
1. that the subject of the petition does not need a guardian; or
2. that the subject of the petition does need a general guardian of the person of the ward;
3. that the subject of the petition needs a guardian of the property of the ward;
4. that the subject of the petition is a partially incapacitated person and needs a limited
guardian of the person and a limited or general guardian of the property of the ward.
(30 O.S. §3-111)
The powers of a limited guardian are assigned by the court. A limited guardian of the person may
not take custody of the person of the ward.
The court may establish specific limitations on the legal activities of a ward, including, but not
limited to, determining whether the ward retains sufficient capacity to vote, to serve as a juror, to
drive, to be licensed or continue to practice any profession, to make personal medical decisions, to
appoint an agent, to enter into contracts, to grant conveyances, or to make gifts of property. (30
O.S. §3-113)
A special guardian may be appointed if imminent danger to the health or safety of the ward exists,
or if the ward’s property will be seriously damaged or dissipated. If notice is required, a time for
hearing will be set within seventy-two (72) hours. Seventy-two (72) hours notice must be given and
personally served upon the subject, subject’s attorney, subject’s spouse and at least one other adult
relative. (30 O.S. §3-115)
A guardian will usually be required to post a bond with the court before serving as a guardian. If
the value of the ward’s estate and the yearly income of the ward is not more than Forty Thousand
Dollars ($40,000), and the guardian is a parent, spouse, brother, sister, grandparent, child or
grandchild of the ward, bond may be waived. The court alone may waive a bond. (30 O.S. §4-201)
In general, all the powers and duties of the guardian are set forth in the order of the court creating
the guardianship. If a guardian is at all uncertain as to whether a specific act would be legal or
proper, an attorney should be consulted.
Responsibilities of a Guardian
A guardian or limited guardian of the person is responsible for the care and control of the ward. A
guardian must perform in good faith and diligently any specific duties and powers assigned by the
court. A Guardian shall:
1. become or remain sufficiently acquainted with the ward to maintain contact and to
know capacities, limitations, needs, opportunities and health of the ward;
2. assure that the ward has a place to live which is least restrictive and most normal for his
or her health and safety;
3. provide required consents or approvals as authorized by the court. (30 O.S. §3-118)
A guardian or limited guardian of the person of the ward, may file a Proposed Plan for the Care
and Treatment of a Ward with the petition, submit one to the court at the time of hearing, or file
the plan with the court within ten (10) days after appointment. (30 O.S. §3-120) The court may
extend the time for filing the plan for not more than thirty (30) days. The court may approve a
plan acceptable to the court without notice to all persons involved and without a hearing. The
court may order the modification of the plan at a review hearing. Sample forms are found on page
__. In short, the plan must list the services necessary for the physical health and safety of the ward,
the method by which services will be obtained, the manner in which the guardian and ward will
share the decision-making authority, and such other services as are necessary to assist in meeting all
needs of the ward.
If you are a guardian of the person of the ward, the court may also authorize proceedings to compel
the performance by a third person of his duty to support the ward or to pay money for the welfare
of the ward. This is not an authorized activity if a guardian of the property or conservator for the
estate of the ward has been appointed. A guardian or limited guardian of the person may, if
authorized by the court, consent to certain necessary medical care for the ward without liability. (A
guardian will be liable for this consent only as a parent would be liable for making the same
consent for a child.) A guardian may not consent to certain medical procedures unless an
emergency exists and the life of the ward must be saved. An attorney should be consulted if this
situation occurs.
A guardian or limited guardian of the property of an incapacitated or partially incapacitated person
must file with the court, for approval, a document called a Proposed Plan for the Management of
the Financial Resources of the Ward . The plan must contain:
1. the services necessary to manage the property of the ward placed under the control of the
guardian or limited guardian;
2. the method for obtaining the services;
3. the manner in which the guardian(s) of the property and the guardian(s) of the person
will make decisions and share in the decision-making authority;
4. the services necessary to assist in the management of the property to fulfill the needs of
the ward and the duties of the guardian or limited guardian.
The plan must be filed with the petition, submitted to the court at the time of hearing, or filed
within two (2) months of the guardian’s appointment. A sample form for the proposed plan may
be found on page __. (30 O.S. §3-122)
A guardian or limited guardian of the property of the ward serves in a fiduciary capacity
to the
ward. The ward’s property must be safely maintained. The limits on the expenditures by the
guardian of the ward’s money are set by law. Consultation with an attorney may be necessary
before expending any
monies belonging to the ward. The court sets limits on the sale of the ward’s
property. The law also provides that money belonging to a minor, an incapacitated, or a partially
incapacitated person, may only be invested in certain ways.
A guardian or limited guardian of the property of a ward shall file an inventory of the estate of the
ward within two (2) months after appointment as guardian. (30 O.S. §§3-122, 4-301) It may be
filed with the Plan for Management of the Property of the Ward. The time to file an inventory may
be extended by the court. An inventory is a listing of all of the ward’s property. Inventories may be
required by the court at any time. The inventory is filed with the clerk of the district court. The
judge, the ward, or any interested person may request that the property be appraised.
A guardian or limited guardian of the person or of the property must, at the conclusion of his first
year of guardianship, and at least once a year thereafter, file a report on the guardianship of the
property. (30 O.S. §4-303) This report must include an accounting of any money received by the
guardian for the ward, any payment(s) made for the ward by the guardian, any changes of property
on the inventory, and any significant change in the physical or mental condition of the ward, or the
ward’s financial resources. The report shall state the guardian’s request for compensation and the
guardian’s request for compensation for attorney. Additional reports may be required of guardians
and limited guardians by the court appointing them.
Unless the court directs, or it is required by the Uniform Veteran’s Guardianship Act (72 U.S.C.
§126.1, et seq.), the guardian of the property of a ward may not have to file an annual accounting or
an annual plan if the ward’s financial resources or assets, other than the homestead, are worth less
than Forty Thousand Dollars ($40,000), if a bond has been posted, or are worth less than Ten
Thousand Dollars ($10,000) regardless of whether a bond has been posted and if the guardian or
limited guardian of the property is the spouse or a relative of the ward within the fourth degree of
consanguinity.
The requirements for an annual report on the guardianship of an incapacitated or partially
incapacitated person are, in brief , as follows:
1. the name and place of abode of the ward;
2. the name and address of the guardian or limited guardian;
3. any significant changes in the capacity of the ward to meet the essential requirements for
physical health or safety;
4. the services being provided to the ward and their relationship to the guardianship plan;
5. problems during the reporting period;
6. any significant actions by the guardian during the reporting period;
7. the reasons why the appointment should be continued;
8. the reasons, if any, why no less restrictive alternative environment for the ward is to be
considered. (30 O.S. §4-305);
The reporting requirements for the guardian of the property are, in brief:
1. the name and place of abode of the ward, and the name and address of the guardian;
2. changes in the capacity of the incapacitated or partially incapacitated ward to manage
financial resources and the service being provided for the management of those
resources;
3. significant actions by the guardian during the reporting term;
4. problems during the reporting term;
5. reasons why the guardianship should not be terminated or a less restrictive alternative
implemented. (30 O.S. §4-306)
Copies of the annual report are mailed to persons entitled to notice as set out in 30 O.S. §4-307.
These persons have fifteen (15) days after the report is filed to object. The court may hold a
hearing on the annual report. (30 O.S. §4-307) The court may require a new bond; failure to
obtain the bond may result in the guardian’s removal.
The duties of the guardian with regard to the administration of the property of the ward are clearly
set forth in the statutes. A guardian must settle the accounts and receive the just debts of the ward.
A guardian or limited guardian may execute waivers or consents for the ward as authorized by the
court. Limits are set on the type of investments a guardian may make with regard to the ward’s
property. The court must approve or order the sale of the ward’s real or personal estate.
Limitations of the Powers of a Guardian
Some guardians may fix the abode of the ward within the county. The ward may not be moved
outside the county without court approval. (30 O.S. §1-120)
A guardian does not have the power to do the following acts:
1. to consent on behalf of the ward to withholding or withdrawal of life-sustaining
procedures except with specific court authorization or as authorized by advance directive
executed pursuant to sate law;
2. to consent on behalf of the ward to termination of the ward’s parental rights;
3. to consent to an abortion, psychosurgery, removal of a bodily organ, performance of any
experimental biomedical or behavioral procedure except in an emergency and to preserve
the life of the ward and with permission of the court having jurisdiction of the
proceeding;
4. to prohibit the marriage or divorce of the ward except with court approval;
5. to consent on behalf of the ward to placement of the ward in a facility or institution
absent formal commitment proceedings. (30 O.S. §3-119)
Guardianship Fees
As a guardian, an individual may receive a fee for work performed. The court will set the
compensation. Compensation for the collection of the ward’s income by a guardian or limited
guardian of the property must not exceed seven and one-half percent (7-1/2%) of the income
collected. (30 O.S. §§4-401 and.3-122). Payment may not be made without court order.
Removal of a Guardian
A guardian may be removed by the district court:
1. for abuse of fiduciary responsibility;
2. for continued failure to perform his duties;
3. for incapacity to perform his duties;
4. for gross immorality;
5. for having interest adverse to the faithful performance of his duties;
6. if the instrument in which the person was nominated as guardian is judicially
determined to be invalid;
7. if a guardian of the property is insolvent;
8. when it is not longer proper that the ward should be under guardianship. (30 O.S. §4-
801)
Termination of Guardianship
If an incapacitated or partially incapacitated person marries, the court will hold a review hearing to
determine what changes, if any, need to occur concerning the guardianship. (30 O.S. §4-802)
Pursuant to law, a guardian’s responsibility terminates upon the death of the guardian, conservator
or ward, the determination of incapacity of the guardian, the guardian’s removal or resignation, the
restoration of the capacity of the ward, or the expiration of the term of a special guard’s authority.
The court, after notice and hearing, may remove a guardian for cause who has failed for thirty (30)
days to make an account or a report after being required to do so. (30 O.S. §4-803)
A guardian may resign and the court, upon notice, may appoint a successor.
A guardian must account for all actions at the end of the guardianship. A final report and request
for final compensation shall be filed within thirty (30) days of the event terminating the guardian’s
responsibilities. (30 O.S. §4-803)
The court shall set the final account for hearing on a date not less than fifteen (15) days after the
filing of the final report. Notice of the hearing shall be given at least ten (10) days prior to the
hearing by first-class mail. (30 O.S. §2-101) If the guardianship for an adult, or if it was a
conservatorship action, notice must be given as set out in 30 O.S. §§3-110 and 4-803.
Any person receiving notice may appear and file written exceptions to the final account. Upon
approval of the final account, the guardian or conservator and his sureties shall be discharged. (30
O.S. §4-803)
Confidentiality
Confidential information filed or submitted to the court under the Oklahoma Guardianship or
Conservatorship Act shall not constitute a public record and shall be sealed by the court. Access to
the confidential information shall be strictly controlled. The fact of the existence of a guardianship
or conservatorship shall not be considered confidential. (30 O.S. §1-122)
Nomination of a Guardian
Every person eighteen (18) or older who is of sound mind and not acting under duress, menace,
fraud or undue influence may nominate a guardian. A form is provided in this booklet for
nominating a guardian. (30 O.S. §3-102) A person nominated as guardian shall be given
preference in the appointment of a guardian. (30 O.S. §3-104)
Restoration of Capacity
Any person judicially determined to be incapacitated, totally or partially, the guardian, any relative
or friend of the ward may petition the court for restoration to capacity. Proceeding must be
brought in the court having jurisdiction over the guardianship proceeding by filing a verified
petition.
A hearing shall be set within thirty (30) days after filing the petition. Notice shall be given as in
guardianship proceedings. (30 O.S. §3-116) If the ward’s restoration is judicially determined, the
guardian must comply with requirements of terminating the guardianship.
Multiple Guardians
Multiple guardians appointed for one ward are liable as if they are sole guardians. They must each
post bond unless waived. (30 O.S. §4-501) One may give another co-guardian written authority to
act for both. If a ward has more than two guardians, the act of a majority is valid. (30 O.S. §4-502)
If one guardian dies, the power continues in the survivor until further appointment is made. (30
O.S. §4-503) When an account is rendered by two or more joint guardians, the judge of the district
court may allow the same upon oath of any of them. (30 O.S. §4-304)
Financial Issues
The guardian is responsible for the payment of the debts of the ward. (30 O.S. §4-701) The
guardian must collect all debts owed the ward. (30 O.S. §4-702) Settlement of claims or law suits
requires approval of the court. Before selling any real property, or making any investment, the
guardian must obtain an order from the court. (30 O.S. §§4-705 and 4-708)
Except as otherwise provided by law, money belonging to wards can only be invested:
1. in real estate and first mortgages upon real property which do not exceed fifty percent
(50%) of the actual value of the property; or
2. United States Bonds, or any other type of security certificate, or evidence of
indebtedness, which is guaranteed by the United States Government, or any authorized
agency thereof;
3. state bonds; or
4. bonds of municipal corporation; or
5. Annuities covered by the Oklahoma Life and Health Insurance Guarantee Association
which do not exceed Three Hundred Thousand Dollars ($300,000), individually.
6. in accounts in savings and loan associations and credit unions located in the State of
Oklahoma; and/or
7. all types of interest-bearing time deposits and certificates of banks, savings and loan
associations and credit unions located in the State of Oklahoma, not to exceed the
amount insured by the United States Government. (30 O.S. §4-709)
A guardian selling real estate may be required to post a bond. (30 O.S. §4-763)
Upon termination of a guardianship or removal of a guardian, a final accounting shall be filed
within thirty (30) days of the event terminating the guardianship. A hearing shall be set by the
court and notice given. Any person receiving notice may file exceptions to the final report. (30
O.S. §4-803)
Civil Liability
Any guardian who willfully violates the duties or powers assigned by the court shall be liable for
actual damages. (30 O.S. §4-901)
Conservatorships
If a person is unable, by reason of physical disability only, to manage his or her property and
voluntarily consents to the establishment of a conservatorship and the appointment of a
conservator, a verified petition may be filed in district court. The court shall direct that notice be
personally served on the person alleged to be unable to manage his or her property. Notice shall be
served on others as directed by the court. (30 O.S. §3-211 A conservator will not be appointed
unless the subject of the proceeding consents to the appointment. (30 O.S. §3-212) A conservator
is required to post a bond (30 O.S. §3-214) and shall have all the same powers and duties, including
the submission of plans and reports, as a guardian. (30 O.S. §3-215)
A conservator may be discharged upon application of the ward and with notice to the conservator
and to the ward’s next of kin as directed by the court. Upon termination of a conservatorship, a
conservator shall account to the court as would a guardian. (30 O.S. §3-216)
A conservator may be compensated in the same manner as a guardian. (30 O.S. §3-217)
Time Table of Guardianship
Act Time
(30 O.S. §3-110) FILING OF VERIFIED
PETITION NOTICE SERVED ON:
1. Subject Personal service ten (10) days before hearing
2. Subject’s spouse Service by mail ten (10) days before hearing
3. Subject’s attorney Service by mail ten (10) days before hearing
4. Subject’s adult children Service by mail ten (10) days before hearing
5. Subject’s parents, if none living, adult child Service by mail ten (10) days before hearing
6. Subject’s siblings and adult grandchildren, if no
living parent(s) Service by mail ten (10 days before hearing
IF NONE OF THE ABOVE, THEN TO AT
LEAST ONE (1) AND NOT MORE THAN
THREE (3) OF THE NEAREST ADULT
RELATIVES OF THE SUBJECT Service by mail ten (10) days before hearing
7. Proposed or nominated guardian Service by mail ten (10) days before hearing
8. Persons having care or custody of the subject Service by mail ten (10) days before hearing
9.
Department of Human Services, Department of
Mental Health and Substance Abuse Services, if
providing services to the subject Service by mail ten (10) days before hearing
10. As appropriate, the Veterans Administration Service by mail ten (10) days before hearing
11. Any other person designated by the court Service by mail ten (10) days before hearing
Hearing (30 O.S. §3-109) Within thirty (30) days of filing petition
Proposed Plan For Care and Treatment of the
Ward (30 O.S. §3-120) With petition or within ten (10) days of
appointment of guardian
Proposed Plan for Management of the Property of
the Ward and Inventory (30 O.S. §3-122) With petition or within two (2) months of
appointment of guardian
Annual Report (30 O.S. §§4-305 and 4-306) Upon expiration of a year from time of
appointment and annually thereafter
Application for Termination of Guardianship
Resolution of Dispute, Request for Further
Restrictions or Review Hearings (30 O.S. §4-308) Notice as in guardianship proceedings within ten
(10) days prior to hearing
Sale of Property of Ward (30 O.S. §4-755) Notice as in guardianship proceedings ten (10
days before hearing. Hearing in not less than ten
(10) nor more than thirty (30) days following
filing a verified petition. Notice may be waived.
Final Accounting (30 O.S. §4-803) Within thirty (30) days of the event terminating
the guardianship. Then (10) days notice as in
guardianship proceeding or, if deceased, to the
ward’s personal representative
Hearing on Final Account (30 O.S. §4-803) Within fifteen (15) days of filing
In The District Court Of ______________ County
State Of Oklahoma
In The Matter Of the )
Guardianship Of ) PG - _______
____________________ )
____________________ )
Plan For The Care And
Treatment Of A Ward
I, _____________________, the (guardian, limited guardian) for ________ (name and
current place of abode for the ward) hereby submit this (initial, annual or as ordered by the
court) Guardianship Plan for the care and treatment of said ward.
1. I believe the services necessary for the physical health and safety of the ward are
_____________________________________________________________________
_______.
2. Those services will be obtained or provided as follows:
_________________________________
3. The guardian (or conservator) of the property (name or indicate as not applicable) of
the ward, the ward, and I plan to cooperate and share decision-making authority with
regard to the ward within the provisions of the dispositional order as follows:
______________
_____________________________________________________________________
_______.
4. I believe the following services will assist in fulfilling the needs of the ward
implementing the terms of the most recent dispositional order applying to me as (guardian
or limited guardian);
________________ ____________________________________
Date (Signature of guardian or limited guardian)
30 O.S. §3-120
In The District Court Of ______________ County
State Of Oklahoma
In The Matter Of the )
Guardianship Of ) PG - _______
____________________ )
____________________ )
Plan For The Management
Of the Property Of A Ward
I, ____________ (name), the (petitioner, guardian, or limited guardian) for _______
(name and current place of abode) hereby submit this (initial, annual or as ordered by the
court) Guardianship Plan.
1. I believe the services necessary to manage the property of the ward which is subject to
this Plan are as follows:
_____________________________________________________________
2. Those services will be provided in the following manner:
________________________
_____________________________________________________________________
_______
3. The guardian (or limited guardian) of the person, (Name or indicate as not applicable)
the ward and I plan to cooperate and share decision-making authority with regard to
the ward within the provisions of the dispositional order as follows:
_______________________
_____________________________________________________________________
_______
4. I believe the following services will assist in the management of the property of the
ward subject to my control, implementing the terms of the most recent dispositional
order applying to me as (guardian or limited guardian) of the property:
____________________________________
_____________________________________________________________________
_______
________________ ____________________________________
Date (Signature of guardian or limited guardian)
30 O.S. §3-122
In The District Court Of ______________ County
State Of Oklahoma
In The Matter Of the )
Guardianship Of ) PG - _______
____________________ )
____________________ )
Report on the Guardianship
Of the Person
I, ______________(Name), the (Guardian/Limited Guardian of the person) for
__________ (Name), an (incapacitated/partially incapacitated) person hereby submit this
(annual, court-ordered) Guardianship Report:
1. The present place of abode of the ward is:
_________________________________________
2. The type of home or facility in which the ward lives is __________ and the name of
the person in charge of the home or facility is
_______________________________________________.
3. My present street address and telephone number is:
_____________________________
__________________________________________________________________
_______
4. During the last year, I have seen the ward ______ times. I otherwise or also have
become or remained familiar with the needs and care of the ward as follows:
_______________
___________________________________________________________________
________
5. The following services are currently being provided to the ward:
__________________
___________________________________________________________________
________
6. These services (are, are not) provided for in the current Guardianship Plan. The
reason they are not shown in the current Guardianship Plan is:
__________________________
___________________________________________________________________
________
7. The ward was last seen by a physician on: _______________. The purpose of the
visit
was________________________________________________________________
________
8. I (have, have not) observed any major change in the ward’s physical or mental
condition during the last year. (If so,) these are my observations:
___________________________
___________________________________________________________________
________
9. I (have, have not) taken any significant action for or on behalf of the ward since the
last time I submitted a Guardianship Report. (If so,) I took the following actions:
_________
___________________________________________________________________
________
10. There (have, have not) been any significant problems relating to the ward or to my
guardianship of the ward since the last time I submitted a Guardianship Report or, if
this is an initial report, since the issuance of my letters. (If so,) I have observed these
problems:
___________________________________________________________________
_______
11. It is my opinion that the guardianship (should, should not) be continued. (If so,) the
basis for my belief is as follows:
_______________________________________________________
___________________________________________________________________
________
12. I believe the ward (would, would not) be able to manage essential requirements for
physical health and safety with fewer restrictions on the ward’s ability to act for
himself or herself. (If so,) the basis for my belief is as follows:
______________________________________
___________________________________________________________________
________
13. My opinion of the present care being provided to the ward is as follows:
________________
___________________________________________________________________
________
14. The place of abode of the ward (has, has not) changed since the last guardianship
report. If so, the place of abode of the ward was changed for the following reasons:
__________
___________________________________________________________________
________
I hereby swear that the answers set forth above are true and correct to the best knowledge
and belief of the undersigned subject to the penalties of making a false affidavit or
declaration.
________________ ____________________________________
Date (Signature of guardian or limited guardian)
30 O.S. §3-305
In The District Court Of ______________ County
State Of Oklahoma
In The Matter Of the )
Guardianship Of ) PG - _______
____________________ )
____________________ )
Report on the Guardianship
Of Property
I, _________________________ (name), the (Guardian or Limited Guardian of the
property) of ___________________________ (name), an incapacitated (or partially
incapacitated person, hereby submit this (annual, court ordered) Report.
1. List any significant changes in the capacity of the ward to manage his or her financial
resources:
_____________________________________________________________________
_______
2. The services currently being provided to the ward are as follows: _________________
_____________________________________________________________________
_______
3. These services (are, are not) provided for in the current Guardianship Plan as approved
b y the court.
The reason these services are not shown in the current plan are as follows:
___________
_____________________________________________________________________
_______
4. I (have, have not) taken any significant actions for or on behalf of the ward since the
last time I submitted a Guardianship Report. (If so,) these actions are as follows:
_________
_____________________________________________________________________
_______
5. There (have, have not) been any significant problems relating to the guardianship since
the last time I submitted a Guardianship Report. (If so,) The problems are as follows:
_____________________________________________________________________
_______
6. In my opinion, the guardianship (should, should not) be continued. The reasons for
my belief are as follows:
____________________________________________________________
7. It is my belief that the ward (would, would not) be able to manage his or her financial
resources with fewer restrictions on the ward’s ability to act for him or herself. The
reasons for my belief are as
Follows:____________________________________________________________
_____________________________________________________________________
_______
I hereby swear that the answers set forth above are true and correct to the best knowledge
and belief of the undersigned subject to the penalties of making a false affidavit or
declaration.
________________ ____________________________________
Date (Signature of guardian or limited guardian)
30 O.S. §3-306
In The District Court Of ______________ County
State Of Oklahoma
In The Matter Of the )
Guardianship Of ) PG - _______
____________________ )
____________________ )
(a) minor child(ren)
Report on the Guardianship of
Property of a Minor Ward
I, ___________________ (name), the (Guardian or Limited Guardian of the property) of
___________________ (name), a minor, hereby submit this (annual, court-ordered)
Report.
1. The services currently being provided to the ward are as follows: _______________
___________________________________________________
2. These services (are, are not) provided for in the current Guardianship Plan as approved
by the court.
The reason these services are not shown in the current plan are as follows: __________
_____________________________________________________________________
___
3. I (have, have not) taken any significant actions for or on behalf of the ward since the last
time I submitted a Guardianship Report. (If so,) These actions are as follows: ____
_____________________________________________________________________
___
4. There (have, have not) been any significant problems relating to the guardianship since
the last time I submitted a Guardianship Report.
(If so,) The problems are as follows:
_________________________________________
_____________________________________________________________________
__
I hereby swear that the answers set forth above are true and correct to the best knowledge
and belief of the undersigned subject to the penalties of making a false affidavit or
declaration.
________________ ____________________________________
Date (Signature of guardian or limited guardian)
30 O.S. §3-306
STATE OF OKLAHOMA )
) SS.
COUNTY OF ______________ )
Nomination Of Guardian By An Adult
I, _______________________________________ (name), being of sound mind and not
acting under any duress, menace, fraud or other undue influence, do hereby nominate
(name, current residence and relationship, if any of the nominee) to serve as the guardian
of my (person, property, both) in the event that after the date of this instrument I become
incapacitated.
Executed at (city, state) on the ______ day of _____________, 2____
_________________________________
Signature
30 O.S. §3-102
Guardianship Checklist
Cast Style: ______________________________________________
______________________________________________
______________________________________________
County: ______________________________________________
Case Number: ______________________________________________
Type Of Guardian: ____ General
____ Limited
____ Of Person
____ Of Property
Date Of Appointment: _______________________________________
Date Plan For Care And Treatment Of Ward Filed: ______________________
Annual Report
Annual Report Due Date Annual Report Filing Date
