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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1751 By: Dossett
AS INTRODUCED
An Act relating to guardianship; amending 30 O.S.
2021, Section 1-114, which relates to powers of
court; authorizing court to require certain training;
amending 30 O.S. 2021, Sections 3 -104, 3-111, and 3-
112, which relate to appointment of guardian or
limited guardian; requiring verific ation of
completion of certain training to be submitted to
court; requiring completion of c ertain training prior
to appointment as guardian for certain persons;
requiring Department o f Human Services to maintain
certain list; updating statutory language; updating
statutory reference; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 30 O.S. 2021, 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 jurisdiction over guardianship proceedings,
and has the following powers, which must be exercised in the manner
prescribed by statute, to:
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1. Appoint and remove guardians for minors and for
incapacitated and partially incapacitated persons;
2. Compel any applicant for guardian to complete prereq uisite
training;
3. Issue and revoke letters of guardianship;
3. 4. Control the conduct of guardians with regard to the care
and treatment provided to their wards;
4. 5. 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, in ventories
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 sa le of property, and
order and regulate the distribution of property which
has been placed under t he control or management of a
guardian, and
d. settle the accounts of guardians ;
5. 6. Appoint appraisers of the property of wards;
6. 7. Compel the attendance of witnesses and the production of
documents and property;
7. 8. After a petition has been fi led for appointment of a
guardian for a minor, make or modify any temporary order of
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guardianship during the progress of the proceedings that would be in
the best interest of the ward. Any such temporary o rder may be
entered ex parte with written notice s ent to all parties directing
them to appear before the court, at a time and pla ce therein
specified, not more than twenty (20) days from the time of making
such order, to show cause why the order should not be granted for
temporary guardianship; and
8. 9. 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 such powers.
C. The chief judge of each district court shall est ablish by
court rule a system for:
1. The filing of guardianship and conservat orship cases and
records which distinguish them from probate cases; and
2. Monitoring the filing of annual reports and inventories
required by this title f or the purpose of ass uring that the court
will be notified of annual reports as they fall due and whether or
not said such reports are filed.
SECTION 2. AMENDATORY 30 O.S. 2021, Section 3 -104, is
amended to read as follows:
Section 3-104. A. The following priorities shall guide the
selection by the court of a guardian or limit ed guardian of an
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incapacitated or partially incapacitated person from among those
eligible:
1. The individual or individuals nominated by the subject of
the proceeding pursuan t to Section 3-102 of this title;
2. The current guardian or limited gua rdian appointed or
recognized by the appropriate court of any other jurisdiction in
which the incapacitated or partially incapacitated person resides;
3. An individual nominated by t he will or by other writing of a
deceased parent, spouse, or an adult child who was serving as the
guardian or limited guardian of the subject of the proceeding;
4. The spouse of the subject of the procee ding;
5. An adult child of the subject of the proc eeding;
6. A parent of the subject of the proceeding;
7. A sibling of the subject of the proceeding ;
8. Any individual approved by the court with whom the subject
of the proceeding has been living for more than six (6) months prior
to the filing of the petition. Provided that any owner, operator,
administrator or employee of a fa cility subject to the provisions of
the Nursing Home Care Act, the Residential Home Care Act or the
Group Homes for the Developmentally Disabled or Physically
Handicapped Persons Act Persons with Developmental or Physical
Disabilities Act shall not be appointed guardian or limited guardian
of a resident of such facility unless the own er, operator,
administrator or employee is the spouse of the resident, or a
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relative of the resid ent within the second degree of consanguinity
and is otherwise eligible for app ointment; or
9. If applicable, an individual volunteer qualified for
appointment as a guardian of a veteran pursuant to the Veterans
Volunteer Guardianship Act.
B. When the guardian or limited guardian of an incapacitated or
partially incapacitated person is the guardian of property only, the
court may appoint an organization which is eligible to manage the
financial resources of an individual and has fiduciary powers, or
its successor in interest, when:
1. Such organization is nominated by the subject o f the
proceeding pursuant to Section 3 -102 of this title;
2. Such organization is nominated by a person eligible to make
such nomination pursuant to Section 3 -103 of this title; or
3. The appointment of such organization is in the best interest
of the subject of the proceeding.
C. The court shall make reasonable inquiry to determin e whether
the person or organization proposed to serve as the guardian or
limited guardian of an incapacitated or partially incapacitated
person is suitable and will exercise t he powers and carry out the
duties and responsibilities of guardian or limited guardian in the
best interest of the ward. The court shall require verification or
attestation of completion of prerequisite training specific to the
needs of the ward to be filed in the case or submitted to the court
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prior to appointment of the guardian. The court shall also inquire
of the proposed guardian of the person of the ward as to how the
guardian proposes to provide for the care of the ward, and of the
proposed guardian of the estate of the ward as to how the guardian
proposes to manage the property of the ward and to provide for the
ward’s financial care. The court shall make such orders w ith
respect thereto as the court deems to be for the best int erest of
the ward.
D. A public agency shall not be appointed to serve as guardian
for an adult except as provided in Section 1415 of Title 10 and
Section 10-108 of Title 43A of the Oklahoma Stat utes.
SECTION 3. AMENDATORY 30 O.S. 2021, Section 3 -111, is
amended to read as follows:
Section 3-111. A. At the hearing on the petition the court
shall determine whether or not it is necessary to appoint a guardian
of the person, property or both. If a guardian is needed, the court
shall determine:
1. When a general or limited guardian of the person of the
subject of the proceeding is requested, the essential requirements
for the health and safety of the subject of the proceed ing and the
skills and knowledge necessar y to meet those requirements;
2. When a general or limited guardian of the property of the
subject of the proceeding is requested, the type and amount of the
financial resources of the subject of the proceeding, th e essential
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requirements for managing the financial resources and the skills and
knowledge necessary to manage the financial resources;
3. The nature and extent of the incapacity of the subject of
the proceeding, if any; and
4. Whether by clear and convi ncing evidence the subject of the
proceeding is an incapacitated or partially i ncapacitated person.
B. If after a full hearing and examination upon such petition,
the court finds by clear and convincing evidence that the subject of
the proceeding is an in capacitated or partially incapacitated
person, the court shal l determine the extent of the incapacity and
the feasibility of less restrictive alternatives to guardianship to
meet the needs of the subject of the proceeding. Upon such
determination, the cou rt may:
1. Dismiss the action if the cou rt finds that less restrictive
alternatives to guardianship are feasible and adequate to meet the
needs of the subject of the proceeding; or
2. Appoint a guardian or limited guardian who has completed any
prerequisite training specific to the needs of the ward . An order
making such an appointment shall include a specific finding that it
was established by clear and convincing evidence that the identified
needs of the subject of the proceeding require a guardianship
instead of less restrictive alternatives.
C. Guardianship for an incapacitate d person shall be:
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1. Used only as is n ecessary to promote and protect the well -
being of the person and his or her property;
2. Designed to encourage the development of maximu m self-
reliance and independence of the person ; and
3. Ordered only to the extent required by the actual mental,
physical and adaptive limitations of the person.
SECTION 4. AMENDATORY 30 O.S. 2021, Section 3 -112, is
amended to read as follows:
Section 3-112. A. Whenever the court finds the subject of the
proceeding to be an incapacitated person the court shall appoint:
1. A general guardian of the person; and
2. As the court determines to be necessary and appropriate, a
guardian of the property of the ward.
B. Whenever the court finds the subject of the proceeding to be
a partially incapacitated person the court shall appoint, as
necessary and appropriate for said the person:
1. A limited guardian of the person; or
2. A general or a limited guardian of the property of said the
person; or
3. A limited guardian of the person and a general or limited
guardian of the property o f said the person.
C. The court may appoint the same or separate persons to serve
as guardian or limit ed guardian of the person and guardian or
limited guardian of the property of a ward.
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D. Any person who is to serve as a guardian or limited guardian
of the person or the property of a ward whom the court finds to be
an incapacitated or partially incapaci tated adult shall submit
verification or attestation of completion of prerequisite training
specific to:
1. Assisting persons with Alzheimer ’s disease, dementia, or
similar neurological conditions including but not limited to
understanding Alzheimer ’s disease, communication techniques, and
resources available for care if the ward is over sixty (60) years of
age, or earlier if the person is diagnosed with such a condition;
2. Assisting persons with developmental disabilities or similar
disabilities due to injury and resources available for care if the
ward has been diagnosed with suc h a condition; and
3. Assisting persons with Alzheimer ’s, dementia, or similar
neurological conditions including but not limited to understanding
Alzheimer’s disease, communica tion techniques, and resources
available for care in addition to prerequisite training specific to
assisting persons with developmental disabilities or similar
disabilities due to injury and resources available for care if the
ward meets both age and diagn osis criteria specified in paragraphs 1
and 2 of this subsection .
E. A list of approved training programs shall be maintained by
the Department of Human Services. Programs not included on the list
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must be submitted for approval to the Department prior to
guardianship determination.
SECTION 5. This act shall become effective November 1, 2024.
59-2-3262 TEK 1/17/2024 10:49:14 AM