1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1751 By: Dossett
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6 AS INTRODUCED
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7 An Act relating to guardianship; amending 30 O.S.
7 2021, Section 1-114, which relates to powers of
8 court; authorizing court to require certain training;
8 amending 30 O.S. 2021, Sections 3-104, 3-111, and 3-
9 112, which relate to appointment of guardian or
9 limited guardian; requiring verification of
10 completion of certain training to be submitted to
10 court; requiring completion of certain training prior
11 to appointment as guardian for certain persons;
11 requiring Department of Human Services to maintain
12 certain list; updating statutory language; updating
12 statutory reference; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 30 O.S. 2021, Section 1-114, is
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17 amended to read as follows:
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18 Section 1-114. A. In all cases the court making the
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19 appointment of a guardian has exclusive jurisdiction to control such
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20 guardian in the management and disposition of the person and
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21 property of the ward.
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22 B. The court has jurisdiction over guardianship proceedings,
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23 and has the following powers, which must be exercised in the manner
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24 prescribed by statute, to:
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 1 1. Appoint and remove guardians for minors and for
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2 incapacitated and partially incapacitated persons;
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3 2. Compel any applicant for guardian to complete prerequisite
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4 training;
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5 3. Issue and revoke letters of guardianship;
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6 3. 4. Control the conduct of guardians with regard to the care
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7 and treatment provided to their wards;
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8 4. 5. Control the conduct of guardians with regard to the
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9 management of the financial resources of their wards, including but
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10 not limited to the power to:
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11 a. compel guardians to submit plans, reports, inventories
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12 and accountings to the court,
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13 b. compel payment and delivery by guardians of property
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14 belonging to their wards,
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15 c. order the payment of debts, the sale of property, and
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16 order and regulate the distribution of property which
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17 has been placed under the control or management of a
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18 guardian, and
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19 d. settle the accounts of guardians;
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20 5. 6. Appoint appraisers of the property of wards;
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21 6. 7. Compel the attendance of witnesses and the production of
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22 documents and property;
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23 7. 8. After a petition has been filed for appointment of a
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24 guardian for a minor, make or modify any temporary order of
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 1 guardianship during the progress of the proceedings that would be in
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2 the best interest of the ward. Any such temporary order may be
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3 entered ex parte with written notice sent to all parties directing
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4 them to appear before the court, at a time and place therein
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5 specified, not more than twenty (20) days from the time of making
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6 such order, to show cause why the order should not be granted for
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7 temporary guardianship; and
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8 8. 9. Exercise all powers conferred by the Oklahoma
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9 Guardianship and Conservatorship Act, Section 1-101 et seq. of this
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10 title, and to make such orders as may be necessary for the exercise
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11 of said such powers.
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12 C. The chief judge of each district court shall establish by
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13 court rule a system for:
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14 1. The filing of guardianship and conservatorship cases and
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15 records which distinguish them from probate cases; and
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16 2. Monitoring the filing of annual reports and inventories
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17 required by this title for the purpose of assuring that the court
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18 will be notified of annual reports as they fall due and whether or
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19 not said such reports are filed.
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20 SECTION 2. AMENDATORY 30 O.S. 2021, Section 3-104, is
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21 amended to read as follows:
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22 Section 3-104. A. The following priorities shall guide the
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23 selection by the court of a guardian or limited guardian of an
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 1 incapacitated or partially incapacitated person from among those
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2 eligible:
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3 1. The individual or individuals nominated by the subject of
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4 the proceeding pursuant to Section 3-102 of this title;
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5 2. The current guardian or limited guardian appointed or
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6 recognized by the appropriate court of any other jurisdiction in
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7 which the incapacitated or partially incapacitated person resides;
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8 3. An individual nominated by the will or by other writing of a
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9 deceased parent, spouse, or an adult child who was serving as the
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10 guardian or limited guardian of the subject of the proceeding;
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11 4. The spouse of the subject of the proceeding;
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12 5. An adult child of the subject of the proceeding;
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13 6. A parent of the subject of the proceeding;
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14 7. A sibling of the subject of the proceeding;
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15 8. Any individual approved by the court with whom the subject
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16 of the proceeding has been living for more than six (6) months prior
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17 to the filing of the petition. Provided that any owner, operator,
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18 administrator or employee of a facility subject to the provisions of
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19 the Nursing Home Care Act, the Residential Home Care Act or the
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20 Group Homes for the Developmentally Disabled or Physically
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21 Handicapped Persons Act Persons with Developmental or Physical
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22 Disabilities Act shall not be appointed guardian or limited guardian
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23 of a resident of such facility unless the owner, operator,
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24 administrator or employee is the spouse of the resident, or a
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 1 relative of the resident within the second degree of consanguinity
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2 and is otherwise eligible for appointment; or
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3 9. If applicable, an individual volunteer qualified for
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4 appointment as a guardian of a veteran pursuant to the Veterans
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5 Volunteer Guardianship Act.
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6 B. When the guardian or limited guardian of an incapacitated or
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7 partially incapacitated person is the guardian of property only, the
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8 court may appoint an organization which is eligible to manage the
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9 financial resources of an individual and has fiduciary powers, or
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10 its successor in interest, when:
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11 1. Such organization is nominated by the subject of the
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12 proceeding pursuant to Section 3-102 of this title;
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13 2. Such organization is nominated by a person eligible to make
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14 such nomination pursuant to Section 3-103 of this title; or
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15 3. The appointment of such organization is in the best interest
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16 of the subject of the proceeding.
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17 C. The court shall make reasonable inquiry to determine whether
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18 the person or organization proposed to serve as the guardian or
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19 limited guardian of an incapacitated or partially incapacitated
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20 person is suitable and will exercise the powers and carry out the
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21 duties and responsibilities of guardian or limited guardian in the
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22 best interest of the ward. The court shall require verification or
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23 attestation of completion of prerequisite training specific to the
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24 needs of the ward to be filed in the case or submitted to the court
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 1 prior to appointment of the guardian. The court shall also inquire
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2 of the proposed guardian of the person of the ward as to how the
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3 guardian proposes to provide for the care of the ward, and of the
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4 proposed guardian of the estate of the ward as to how the guardian
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5 proposes to manage the property of the ward and to provide for the
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6 ward’s financial care. The court shall make such orders with
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7 respect thereto as the court deems to be for the best interest of
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8 the ward.
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9 D. A public agency shall not be appointed to serve as guardian
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10 for an adult except as provided in Section 1415 of Title 10 and
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11 Section 10-108 of Title 43A of the Oklahoma Statutes.
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12 SECTION 3. AMENDATORY 30 O.S. 2021, Section 3-111, is
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13 amended to read as follows:
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14 Section 3-111. A. At the hearing on the petition the court
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15 shall determine whether or not it is necessary to appoint a guardian
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16 of the person, property or both. If a guardian is needed, the court
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17 shall determine:
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18 1. When a general or limited guardian of the person of the
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19 subject of the proceeding is requested, the essential requirements
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20 for the health and safety of the subject of the proceeding and the
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21 skills and knowledge necessary to meet those requirements;
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22 2. When a general or limited guardian of the property of the
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23 subject of the proceeding is requested, the type and amount of the
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24 financial resources of the subject of the proceeding, the essential
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 1 requirements for managing the financial resources and the skills and
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2 knowledge necessary to manage the financial resources;
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3 3. The nature and extent of the incapacity of the subject of
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4 the proceeding, if any; and
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5 4. Whether by clear and convincing evidence the subject of the
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6 proceeding is an incapacitated or partially incapacitated person.
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7 B. If after a full hearing and examination upon such petition,
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8 the court finds by clear and convincing evidence that the subject of
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9 the proceeding is an incapacitated or partially incapacitated
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10 person, the court shall determine the extent of the incapacity and
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11 the feasibility of less restrictive alternatives to guardianship to
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12 meet the needs of the subject of the proceeding. Upon such
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13 determination, the court may:
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14 1. Dismiss the action if the court finds that less restrictive
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15 alternatives to guardianship are feasible and adequate to meet the
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16 needs of the subject of the proceeding; or
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17 2. Appoint a guardian or limited guardian who has completed any
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18 prerequisite training specific to the needs of the ward. An order
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19 making such an appointment shall include a specific finding that it
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20 was established by clear and convincing evidence that the identified
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21 needs of the subject of the proceeding require a guardianship
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22 instead of less restrictive alternatives.
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23 C. Guardianship for an incapacitated person shall be:
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 1 1. Used only as is necessary to promote and protect the well-
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2 being of the person and his or her property;
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3 2. Designed to encourage the development of maximum self-
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4 reliance and independence of the person; and
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5 3. Ordered only to the extent required by the actual mental,
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6 physical and adaptive limitations of the person.
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7 SECTION 4. AMENDATORY 30 O.S. 2021, Section 3-112, is
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8 amended to read as follows:
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9 Section 3-112. A. Whenever the court finds the subject of the
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10 proceeding to be an incapacitated person the court shall appoint:
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11 1. A general guardian of the person; and
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12 2. As the court determines to be necessary and appropriate, a
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13 guardian of the property of the ward.
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14 B. Whenever the court finds the subject of the proceeding to be
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15 a partially incapacitated person the court shall appoint, as
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16 necessary and appropriate for said the person:
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17 1. A limited guardian of the person; or
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18 2. A general or a limited guardian of the property of said the
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19 person; or
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20 3. A limited guardian of the person and a general or limited
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21 guardian of the property of said the person.
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22 C. The court may appoint the same or separate persons to serve
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23 as guardian or limited guardian of the person and guardian or
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24 limited guardian of the property of a ward.
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 1 D. Any person who is to serve as a guardian or limited guardian
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2 of the person or the property of a ward whom the court finds to be
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3 an incapacitated or partially incapacitated adult shall submit
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4 verification or attestation of completion of prerequisite training
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5 specific to:
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6 1. Assisting persons with Alzheimer’s disease, dementia, or
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7 similar neurological conditions including but not limited to
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8 understanding Alzheimer’s disease, communication techniques, and
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9 resources available for care if the ward is over sixty (60) years of
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10 age, or earlier if the person is diagnosed with such a condition;
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11 2. Assisting persons with developmental disabilities or similar
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12 disabilities due to injury and resources available for care if the
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13 ward has been diagnosed with such a condition; and
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14 3. Assisting persons with Alzheimer’s, dementia, or similar
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15 neurological conditions including but not limited to understanding
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16 Alzheimer’s disease, communication techniques, and resources
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17 available for care in addition to prerequisite training specific to
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18 assisting persons with developmental disabilities or similar
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19 disabilities due to injury and resources available for care if the
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20 ward meets both age and diagnosis criteria specified in paragraphs 1
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21 and 2 of this subsection.
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22 E. A list of approved training programs shall be maintained by
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23 the Department of Human Services. Programs not included on the list
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 1 must be submitted for approval to the Department prior to
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2 guardianship determination.
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3 SECTION 5. This act shall become effective November 1, 2024.
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5 59-2-3262 TEK 1/17/2024 10:49:14 AM
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