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SENATE FLOOR VERSION
February 27, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1751 By: Dossett
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;
authorizing certain waiver by court; requiring
Department of Human Services to maintain certain
list; updating statutory language; updating stat utory
references; 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.
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B. The court has jurisdiction over guardianship proceedings,
and has the following powers, whic h must be exercised in the manner
prescribed by statute, to:
1. Appoint and remove guardians for mino rs and for
incapacitated and partially incapacitated persons;
2. Compel any applicant for guardian to compl ete prerequisite
training;
3. Issue and revoke letters of guardianship;
3. 4. Control the conduct of guardia ns 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, 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 sa le of property, and
order and regulate the distribution of property which
has been placed under the control or management of a
guardian, and
d. settle the accounts of guardians ;
5. 6. Appoint appraisers of the property of wards;
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6. 7. Compel the attendance of witnesses and the production of
documents and property;
7. 8. 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 war d. Any such temporary o rder may be
entered ex parte with wr itten notice sent 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 ca use why the order should not be granted fo r
temporary guardianship; and
8. 9. Exercise all powers con ferred 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 c ourt shall establish 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 o f 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 such reports are filed.
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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
incapacitated or partially incapacitated person from among those
eligible:
1. The individual or individuals nominated by the subject of
the proceeding pursuant 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 o r partially incapacitated person resides;
3. An individual nominated by the 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 proceeding;
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
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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
relative of the resident within the seco nd 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 guardi an of an incapacitated or
partially incapacitated person is the guardian of property only, the
court may appoint an organization which is eligible to manage t he
financial resources of an individual and has fiduciary powers, or
its successor in interes t, 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 pa rtially incapacitated
person is suitable and will exercise t he powers and carry out the
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duties and responsibilities of guardian or limited guardian in the
best interest of the ward. The court shall require verification or
attestation of comple tion of prerequisite training specific to the
needs of the ward to be filed in the case or submitted to the court
prior to appointment of the guardian , unless waived by the co urt.
The court shall also inquire of the propo sed 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 guardi an 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 with respect thereto as the court deems to be for the
best interest 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 Okla homa Statutes.
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 proceedi ng is requested, the essential requirements
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for the health and safety of the subject of th e proceeding and the
skills and knowledge necessar y to meet those requirements;
2. When a general or limited guardian of t he property of the
subject of the proceeding is requested, the type and amoun t of the
financial resources of the subject of the proceeding, the essential
requirements for managing the financial resources and the skills and
knowledge necessary to manage the financial resources;
3. The nature and ex tent of the incapacity of the subject of
the proceeding, if any; and
4. Whether by clear and convincing 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 an d convincing evidence that the subject of
the proceeding is an incapacitated 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 pr oceeding. Upon such
determination, the court 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 , unless
waived by the court. An order making such an appointment shall
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include a specific finding that it was established by clear and
convincing evidence that the i dentified needs of the subject of the
proceeding require a guardianship instead of less restrictive
alternatives.
C. Guardianship for an incapacitate d person shall be:
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 maximum 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 f or said the person:
1. A limited guardian of the person; or
2. A general or a limite d guardian of the property of said the
person; or
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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 limited guardian of the person and guardian or
limited guardian of the property of a ward.
D. Unless waived by the court, 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 parti ally
incapacitated adult shall submit verification or attestation of
completion of prerequisite training. Such training shall be
specific to 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.
E. A list of approved training programs shall be maintained by
the Department of Human Services. Programs not included on the list
must be submitted for approval to the Department prior to
guardianship determination.
SECTION 5. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 27, 2024 - DO PASS AS AMENDED BY CS