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ENGROSSED SENATE
BILL NO. 1029 By: Treat and Boren of the
Senate
and
McCall of the House
An Act relating to guardianship; amending 30 O.S.
2011, Section 3-113, as amended by Section 1, Chapt er
86, O.S.L. 2019 (30 O.S. Supp. 2020, Section 3-113),
which relates to specific determinations of capacity;
requiring court to issue findings of fact on certain
capacity; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 30 O.S. 2011, Section 3 -113, as
amended by Section 1, Chapter 86, O.S.L. 2019 (30 O.S. Supp. 2020,
Section 3-113), is amended to read as follows:
Section 3-113. A. The order appointing a gua rdian, based upon
evidence adduced, shall set forth:
1. The determinations made by the court at th e hearing;
2. The name and addres s of the individual, if any, appointed to
serve as the limited guardian or guardian;
3. The specific limitations imposed u pon the ward, if the ward
is a partially incapacitated person;
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4. Any authority granted a guardian of the person of the ward
to change the place of abode of the ward outside of the state or
county without the prior permission of the court; and
5. Findings of fact as to whether the ward retains sufficient
capacity to vote; and
6. Whenever the court determines a review hearing is neces sary
or desirable, the date of the review hearing.
B. In establishing the specific limitations on the legal
activities of a ward for whom a limited guardian of the person is
appointed, the court shall make specific determinations regarding
the capacity of the subject of the proceeding, including but not
limited to determining whether the ward retains sufficient capacity:
1. To vote;
2. To serve as a juror;
3. To operate a motor vehicle;
4. To be licensed or continue to practice any profession of the
ward; and
5. To make personal medical decisions incl uding but not limited
to decisions to withhold or withdraw life -sustaining procedures, to
receive hospice services through a home or inpatient hospice
program, to donate organs, to undergo elective surgery , or to
consent to routine or necessary medical or other professional care,
treatment or advice.
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C. In establishing the sp ecific limitations on the legal
abilities of a ward for whom a limited guardian of the property is
appointed, the court shall make sp ecific determinations regarding
the capacity of the subject of the proceeding, including but not
limited to determining whe ther the ward retains sufficient c apacity
to:
1. Appoint an agent to act on his behalf;
2. Enter into contracts;
3. Grant conveyances; or
4. Make gifts of property.
D. If not submitted with the petition or at the hearing, the
guardian or limited guard ian shall submit a guardianship pl an as
required by Section 3-120 or 3-122 of this title, or both, as
appropriate and a copy of said plan shall be mailed to those persons
entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
subsection A of Section 3 -110 of this title. The guardiansh ip plan
as approved by the court shall be made a part of the order of the
court. Said plan may be modified as provided by this act.
E. The court may, in its discretion, make such further orders
as the court deems necessa ry for the best interest of the wa rd for
care of the ward and maintenance or management of the ward ’s
property, including but not lim ited to:
1. Order the guardian of the property of the ward to provide
the ward from such property with specified amounts o f money,
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monthly, or from time to time, which the ward may dispose of as the
ward shall determine and for which, other than a showing of the
amounts paid to the ward, the guardian will not be required to
account. Such order may be modified upon applicatio n of the
guardian or any intereste d person, and a hearing conducted thereon,
with notice of the hearing on such application to be giv en to those
persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
subsection A of Section 3 -110 of this title and shall be given as
provided in Section 3-110 of this title; and
2. The amount of the bond as required by Section 4 -201 of this
title.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives