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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1029 By: Treat and Boren
AS INTRODUCED
An Act relating to guardianship; amending 30 O .S.
2011, Section 1-114, which relates to powers of
court; authorizing court to issue certain findings of
fact; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 0 O.S. 2011, Section 1 -114, is
amended to read as follows:
Section 1-114. A. In all cases the court making the
appointment of a guardian has exclusive jurisdiction to control such
guardian in the management and disposition of the person and
property of the ward.
B. The court has jurisdicti on over guardianship proceedings,
and has the following powers, which must be exercised in the manner
prescribed by statute, to:
1. Appoint and remove guardians for minors and for
incapacitated and partially incapacitated persons;
2. Issue and revoke let ters of guardianship;
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3. Control the conduct of guardians with regard to the care and
treatment provided to their wards;
4. Control the conduct of guardians with regard to the
management of the financial resources of their wards, including but
not limited to the power to:
a. compel guardians to submit plans, reports, inventories
and accountings to the court,
b. compel payment and delivery by guardians of property
belonging to their wards,
c. order the payment of debts, the sale of property , and
order and regulate the distribution of property wh ich
has been placed under the control or management of a
guardian, and
d. settle the accounts of guardians;
5. Appoint appraisers of the property of wards;
6. Compel the attendance of witnesses and the production o f
documents and property;
7. After a petition has been filed for appointment of a
guardian for a minor, make or modify any temporary order of
guardianship during the progress of the proceed ings that would be in
the best interest of the ward. Any such tem porary order may be
entered ex parte wit h written notice sent to all parties directing
them to appear before the court, at a time and place therein
specified, not more than twenty (20) days from the time of making
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such order, to show cause why the order sh ould not be granted for
temporary guardianship; and
8. Exercise all powers conferred by the Oklahoma Guardianship
and Conservatorship Act, Section 1 -101 et seq. of this title, and to
make such orders as may be necessary for the exercise of said
powers; and
9. Make a determination and issue fin dings of fact as to
whether the ward shall maintain eligibility to vote.
C. The chief judge of each district court shall establish by
court rule a system for:
1. The filing of guardianship and conservatorship cases and
records which distinguish them from probate cases; and
2. Monitoring the filing of annual reports and inventories
required by this title for the purpose of assuring that the court
will be notified of annual reports as they fall due and whether or
not said reports are filed.
SECTION 2. This act shall become effective November 1, 2021.
58-1-724 TEK 2/23/2021 6:01:07 PM