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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1751 By: Dossett of the Senate
and
Provenzano of the House
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 verification of
completion of certain training to be submitted to
court; requiring completion of certain training prior
to appointment as guardian for certain persons;
authorizing certain waiver by court; requiring
Department of Human Services to maintain certain
list; updating statutor y language; updating statutory
references; and providing an effective date .
BE IT ENACTED BY THE PEO PLE 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, 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. Compel any applicant for guardian for a proposed ward
diagnosed with a neurological condition such as Alzheimer’s disease,
dementia, or other similar developmen tal disability to complete
prerequisite 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 th e
management of the financial resources of their wards, including but
not limited to the power to:
a. compel guardians to submit plans, reports, invent ories
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 which
has been placed under the c ontrol or management of a
guardian, and
d. settle the accounts of guardians ;
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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 filed for appointment of a
guardian for a minor, make or modify any temporary order of
guardianship during the progress of the proceedings that would be in
the best interest of the ward. Any such temporary order may be
entered ex parte with written 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 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 establi sh 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 for the purpose of assurin g 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 followi ng 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 guardian 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 the w ill 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 proceeding;
5. An adult child of the subject of the proceedi ng;
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 peti tion. Provided, that any owner, operator,
administrator or employee of a f acility subject to the provisi ons 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 A ct Persons with Developmental or Physical
Disabilities Act shall not be appointed guardian or limited gua rdian
of a resident of such facility unless the owner, operator,
administrator or employee is the spouse of the resident, or a
relative of the resident within the second degree of consanguinity
and is otherwise eligible for ap pointment; 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 of 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; o r
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 determine whether
the person or organization proposed to serve as the guardian or
limited guardian of an inc apacitated or partially incapacitated
person is suitable and will exercise the powers and carry out the
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duties and responsibilities of guardian or limited guardian in the
best interest of the ward. For any guardianship for which the court
orders completion of training pursuant to paragraph 2 of subsection
B of Section 1-114 of this title, 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 prior to appointment of the guardian, unless
waived by the court. The court shall also inquire of t he 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 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 o f Title 10 and
Section 10-108 of Title 43A of the Oklahoma 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:
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1. When a general or limited guardian of the person of the
subject of the proceeding is requested, the essential requi rements
for the health and safety of the subject of the proceeding and the
skills and knowledge necessary 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, the essential
requirements for managing the financial resources and the skills and
knowledge necessary to manage the financial resources;
3. The nature and extent o f the incapacity of the subjec t of
the proceeding, if any; and
4. Whether by clear and convincing evidence the subject of the
proceeding is an incapacitated or partially incapacita ted 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 incapacitated or partially incapacitated
person, the court shall determine the extent of t he incapacity and
the feasibility of less restrictive alternatives to guard ianship to
meet the needs of the subject of the proceeding. Upon such
determination, the court may:
1. Dismiss the action if the court finds that less restrictive
alternatives to guardianship are feasible and adequate to meet the
needs of the subject of the proceeding; or
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2. Appoint a guardian or limited guardian who has completed any
prerequisite training specific to the needs of the ward ordered
pursuant to paragraph 2 of subsec tion B of Section 1-114 of this
title, unless waived by the court . 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 req uire a guardianship instead of less
restrictive alternatives.
C. Guardianship for an incapacitated perso n shall be:
1. Used only as is necessary to promote and protect the well -
being of the person and his or her property;
2. Designed to encourage the de velopment of maximum self -
reliance and independence of the person; and
3. Ordered only to the extent req uired 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 ap propriate, a
guardian of the property of the ward.
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B. Whenever the court f inds the subject of the procee ding to be
a partially incapacitated person the court shall appoint, as
necessary and appropriate for said the person:
1. A limited guardian of the pe rson; or
2. A general or a limited guardian of the property of said the
person; or
3. A limited guardia n of the person and a general or limited
guardian of the property of 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 partially
incapacitated adult due to a diagnosed neurological condition such
as Alzheimer’s disease, dementia, or other similar developmental
disability shall submit verification or attestation of completion of
prerequisite training. Such training shall be specific to assisting
persons with Alzheimer ’s disease, dementia, or simil ar 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.
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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 - CIVIL, dated
04/04/2024 - DO PASS.