A Handbook for Guardians
Prepared by
Administrative Offe 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 aford an attorney the guardian may contact
Legal Aid of Eastern or Western Oklahoma.
The Court and its staf, as well as the Court Clerk’s ofce and its staf are
elected public servants. However, the rules and laws governing the contact
of these individuals prohibit them from providing legal advice or a specifc
case. They cannot provide legal advice on how the court procedures should
be applied in a specifc case. It is improper for the judge or his/her staf to
speak with the guardian about a specifc case without all interested parties
being present .
Introduftion 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 fnancial
resources and the physical well-being of minors, partially incapacitated and
incapacitated persons.
The legislature has created diferent 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)
Spefial 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 fnancial resources, or both. (30 O.S. §1-111)
Minor – A person under eighteen (18) years of age. (30 O.S. §1-111)
Additional defnitions 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 Profeeding – A proceeding for the appointment of a
guardian or for other orders regarding the condition, care or treatment of or
the management of the fnancial resources of a ward. (30 O.S. §1-111)
Who is Governed by the Oklahoma Guardianship
and Conservatorship Aft
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.
Infapafity
An incapacitated person is defned by the statutes as “a person eighteen (18)
years of age or older:
a. who is impaired by reason of:
1. mental illness as defned by Section 1-103 of Title 43A of the
Oklahoma Statutes;
2. mental retardation or developmental disability as defned by
Section 1-818.2 of Title 63 of the Oklahoma Statutes;
3. physical illness or disability;
4. drug or alcohol dependency as defned 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 efectively 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 fnancial resources.
A partially incapacitated person is defned 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 fnancial resources or to engage in all of the
activities necessary for the efective management of his fnancial
resources.
A fnding that an individual is partially incapacitated shall not constitute a
fnding of legal incompetence. A partially incapacitated person shall be
legally competent in all areas other than the area or areas specifed 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 Profeedings
A guardianship proceeding will usually be fled 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 frst step in a guardianship is the fling of a written petition.
Any person interested in the welfare of a person believed to be incapacitated
or partially incapacitated may fle a verifed 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 difer. A guardian may be appointed for a minor after a
hearing on a petition fled 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 fled, 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 sufcient 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 fling of the petition, the court may fnd:
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 specifc limitations on the legal activities of a ward,
including, but not limited to, determining whether the ward retains sufcient
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 specifc 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
specifc duties and powers assigned by the court. A Guardian shall:
1. become or remain sufciently 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 fle 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 fle the plan with the court within ten (10)
days after appointment. (30 O.S. §3-120) The court may extend the time for
fling 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 modifcation 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 fle 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 fulfll the needs of the ward and the duties of the guardian or
limited guardian.
The plan must be fled with the petition, submitted to the court at the time of
hearing, or fled 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
fduciary 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 fle 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 fled with the Plan for
Management of the Property of the Ward. The time to fle 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 fled 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 frst year of guardianship, and at least once a year
thereafter, fle 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 signifcant change in the
physical or mental condition of the ward, or the ward’s fnancial 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 fle an annual accounting or an annual plan if the
ward’s fnancial 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 signifcant 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 signifcant 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 fnancial resources and the service being provided
for the management of those resources;
3. signifcant 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 ffteen (15) days after the report is
fled 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 fx 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 specifc 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 fduciary 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
fnal report and request for fnal compensation shall be fled within thirty (30)
days of the event terminating the guardian’s responsibilities. (30 O.S. §4-
803)
The court shall set the fnal account for hearing on a date not less than ffteen
(15) days after the fling of the fnal report. Notice of the hearing shall be
given at least ten (10) days prior to the hearing by frst-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 fle written exceptions to the
fnal account. Upon approval of the fnal account, the guardian or
conservator and his sureties shall be discharged. (30 O.S. §4-803)
Confidentiality
Confdential information fled 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 confdential information shall be
strictly controlled. The fact of the existence of a guardianship or
conservatorship shall not be considered confdential. (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 infuence 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 Capafity
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 fling a verifed petition.
A hearing shall be set within thirty (30) days after fling 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)
Finanfial 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 frst mortgages upon real property which do not
exceed ffty percent (50%) of the actual value of the property; or
2. United States Bonds, or any other type of security certifcate, 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 certifcates 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 fnal
accounting shall be fled 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 fle exceptions to the fnal 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 verifed petition
may be fled 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
Aft 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
1
0. As appropriate, the Veterans
Administration Service by mail ten (10) days before
hearing
1
1. 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 fling 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 fling a
verifed 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 ffteen (15) days of fling
In The Distrift 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 fulflling 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 Distrift 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 Distrift 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 signifcant 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 signifcant 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 afdavit or declaration.
________________ ____________________________________
Date (Signature of guardian or limited
guardian)
30 O.S. §3-305
In The Distrift 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 signifcant changes in the capacity of the ward to manage
his or her fnancial 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 signifcant 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 signifcant 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 fnancial 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 afdavit or declaration.
________________ ____________________________________
Date (Signature of guardian or limited
guardian)
30 O.S. §3-306
In The Distrift 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 signifcant 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 signifcant 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 afdavit 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
infuence, 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 Chefklist
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
