1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3667 By: Miller
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6 AS INTRODUCED
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7 An Act relating to guardian and ward; amending 30
7 O.S. 2021, Sections 1-114, 3-104, Section 3-111, and
8 Section 3-112, which relate to guardians; authorizing
8 court to compel applicants for guardian to complete
9 training; requiring court to obtain certain
9 verification or attestation document; requiring
10 guardian or limited guardian to complete certain
10 training; requiring guardian to submit certain
11 verification or attestation document; providing
11 training requirements; directing the Department of
12 Human Services to maintain list; requiring that
12 programs not on list be submitted prior to
13 guardianship determination; and providing an
13 effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 30 O.S. 2021, Section 1-114, is
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19 amended to read as follows:
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20 Section 1-114. A. In all cases the court making the
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21 appointment of a guardian has exclusive jurisdiction to control such
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22 guardian in the management and disposition of the person and
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23 property of the ward.
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 1 B. The court has jurisdiction over guardianship proceedings,
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2 and has the following powers, which must be exercised in the manner
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3 prescribed by statute, to:
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4 1. Appoint and remove guardians for minors and for
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5 incapacitated and partially incapacitated persons;
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6 2. Compel any applicant for guardian to complete prerequisite
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7 training;
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8 3. Issue and revoke letters of guardianship;
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9 3. 4. Control the conduct of guardians with regard to the care
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10 and treatment provided to their wards;
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11 4. 5. Control the conduct of guardians with regard to the
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12 management of the financial resources of their wards, including but
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13 not limited to the power to:
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14 a. compel guardians to submit plans, reports, inventories
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15 and accountings to the court,
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16 b. compel payment and delivery by guardians of property
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17 belonging to their wards,
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18 c. order the payment of debts, the sale of property, and
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19 order and regulate the distribution of property which
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20 has been placed under the control or management of a
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21 guardian, and
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22 d. settle the accounts of guardians;
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23 5. 6. Appoint appraisers of the property of wards;
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 1 6. 7. Compel the attendance of witnesses and the production of
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2 documents and property;
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3 7. 8. After a petition has been filed for appointment of a
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4 guardian for a minor, make or modify any temporary order of
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5 guardianship during the progress of the proceedings that would be in
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6 the best interest of the ward. Any such temporary order may be
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7 entered ex parte with written notice sent to all parties directing
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8 them to appear before the court, at a time and place therein
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9 specified, not more than twenty (20) days from the time of making
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10 such order, to show cause why the order should not be granted for
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11 temporary guardianship; and
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12 8. 9. Exercise all powers conferred by the Oklahoma
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13 Guardianship and Conservatorship Act, Section 1-101 et seq. of this
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14 title, and to make such orders as may be necessary for the exercise
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15 of said powers.
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16 C. The chief judge of each district court shall establish by
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17 court rule a system for:
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18 1. The filing of guardianship and conservatorship cases and
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19 records which distinguish them from probate cases; and
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20 2. Monitoring the filing of annual reports and inventories
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21 required by this title for the purpose of assuring that the court
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22 will be notified of annual reports as they fall due and whether or
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23 not said reports are filed.
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 1 SECTION 2. AMENDATORY 30 O.S. 2021, Section 3-104, is
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2 amended to read as follows:
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3 Section 3-104. A. The following priorities shall guide the
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4 selection by the court of a guardian or limited guardian of an
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5 incapacitated or partially incapacitated person from among those
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6 eligible:
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7 1. The individual or individuals nominated by the subject of
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8 the proceeding pursuant to Section 3-102 of this title;
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9 2. The current guardian or limited guardian appointed or
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10 recognized by the appropriate court of any other jurisdiction in
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11 which the incapacitated or partially incapacitated person resides;
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12 3. An individual nominated by the will or by other writing of a
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13 deceased parent, spouse, or an adult child who was serving as the
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14 guardian or limited guardian of the subject of the proceeding;
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15 4. The spouse of the subject of the proceeding;
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16 5. An adult child of the subject of the proceeding;
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17 6. A parent of the subject of the proceeding;
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18 7. A sibling of the subject of the proceeding;
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19 8. Any individual approved by the court with whom the subject
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20 of the proceeding has been living for more than six (6) months prior
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21 to the filing of the petition. Provided that any owner, operator,
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22 administrator or employee of a facility subject to the provisions of
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23 the Nursing Home Care Act, the Residential Home Care Act or the
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24 Group Homes for the Developmentally Disabled or Physically
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 1 Handicapped Persons Act shall not be appointed guardian or limited
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2 guardian of a resident of such facility unless the owner, operator,
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3 administrator or employee is the spouse of the resident, or a
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4 relative of the resident within the second degree of consanguinity
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5 and is otherwise eligible for appointment; or
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6 9. If applicable, an individual volunteer qualified for
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7 appointment as a guardian of a veteran pursuant to the Veterans
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8 Volunteer Guardianship Act.
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9 B. When the guardian or limited guardian of an incapacitated or
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10 partially incapacitated person is the guardian of property only, the
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11 court may appoint an organization which is eligible to manage the
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12 financial resources of an individual and has fiduciary powers, or
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13 its successor in interest, when:
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14 1. Such organization is nominated by the subject of the
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15 proceeding pursuant to Section 3-102 of this title;
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16 2. Such organization is nominated by a person eligible to make
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17 such nomination pursuant to Section 3-103 of this title; or
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18 3. The appointment of such organization is in the best interest
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19 of the subject of the proceeding.
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20 C. The court shall make reasonable inquiry to determine whether
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21 the person or organization proposed to serve as the guardian or
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22 limited guardian of an incapacitated or partially incapacitated
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23 person is suitable and will exercise the powers and carry out the
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24 duties and responsibilities of guardian or limited guardian in the
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 1 best interest of the ward. The court shall require verification or
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2 attestation of completion of prerequisite training specific to the
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3 needs of the ward to be filed in the case or submitted to the court
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4 prior to appointment of the guardian. The court shall also inquire
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5 of the proposed guardian of the person of the ward as to how the
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6 guardian proposes to provide for the care of the ward, and of the
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7 proposed guardian of the estate of the ward as to how the guardian
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8 proposes to manage the property of the ward and to provide for the
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9 ward's financial care. The court shall make such orders with
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10 respect thereto as the court deems to be for the best interest of
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11 the ward.
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12 D. A public agency shall not be appointed to serve as guardian
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13 for an adult except as provided in Section 1415 of Title 10 and
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14 Section 10-108 of Title 43A of the Oklahoma Statutes.
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15 SECTION 3. AMENDATORY 30 O.S. 2021, Section 3-111, is
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16 amended to read as follows:
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17 Section 3-111. A. At the hearing on the petition the court
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18 shall determine whether or not it is necessary to appoint a guardian
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19 of the person, property or both. If a guardian is needed, the court
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20 shall determine:
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21 1. When a general or limited guardian of the person of the
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22 subject of the proceeding is requested, the essential requirements
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23 for the health and safety of the subject of the proceeding and the
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24 skills and knowledge necessary to meet those requirements;
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 1 2. When a general or limited guardian of the property of the
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2 subject of the proceeding is requested, the type and amount of the
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3 financial resources of the subject of the proceeding, the essential
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4 requirements for managing the financial resources and the skills and
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5 knowledge necessary to manage the financial resources;
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6 3. The nature and extent of the incapacity of the subject of
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7 the proceeding, if any; and
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8 4. Whether by clear and convincing evidence the subject of the
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9 proceeding is an incapacitated or partially incapacitated person.
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10 B. If after a full hearing and examination upon such petition,
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11 the court finds by clear and convincing evidence that the subject of
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12 the proceeding is an incapacitated or partially incapacitated
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13 person, the court shall determine the extent of the incapacity and
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14 the feasibility of less restrictive alternatives to guardianship to
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15 meet the needs of the subject of the proceeding. Upon such
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16 determination, the court may:
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17 1. Dismiss the action if the court finds that less restrictive
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18 alternatives to guardianship are feasible and adequate to meet the
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19 needs of the subject of the proceeding; or
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20 2. Appoint a guardian or limited guardian who has completed any
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21 prerequisite training specific to the needs of the ward. An order
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22 making such an appointment shall include a specific finding that it
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23 was established by clear and convincing evidence that the identified
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 1 needs of the subject of the proceeding require a guardianship
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2 instead of less restrictive alternatives.
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3 C. Guardianship for an incapacitated person shall be:
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4 1. Used only as is necessary to promote and protect the well-
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5 being of the person and his or her property;
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6 2. Designed to encourage the development of maximum self-
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7 reliance and independence of the person; and
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8 3. Ordered only to the extent required by the actual mental,
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9 physical and adaptive limitations of the person.
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10 SECTION 4. AMENDATORY 30 O.S. 2021, Section 3-112, is
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11 amended to read as follows:
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12 Section 3-112. A. Whenever the court finds the subject of the
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13 proceeding to be an incapacitated person the court shall appoint:
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14 1. A general guardian of the person; and
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15 2. As the court determines to be necessary and appropriate, a
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16 guardian of the property of the ward.
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17 B. Whenever the court finds the subject of the proceeding to be
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18 a partially incapacitated person the court shall appoint, as
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19 necessary and appropriate for said person:
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20 1. A limited guardian of the person; or
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21 2. A general or a limited guardian of the property of said
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22 person; or
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23 3. A limited guardian of the person and a general or limited
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24 guardian of the property of said person.
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 1 C. The court may appoint the same or separate persons to serve
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2 as guardian or limited guardian of the person and guardian or
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3 limited guardian of the property of a ward.
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4 D. Any person who is to serve as a guardian or limited guardian
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5 of the person or the property of a ward whom the court finds to be
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6 an incapacitated or partially incapacitated adult must submit
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7 verification or attestation of completion of training prior to
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8 appointment:
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9 1. Specific to assisting persons with Alzheimer's disease,
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10 dementia, or similar neurological conditions including, but not
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11 limited to, understanding Alzheimer's disease, communication
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12 techniques, and resources available for the ward's care if the ward
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13 is over the age of sixty (60) or earlier if the ward is diagnosed
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14 with such condition;
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15 2. Specific to assisting persons with developmental
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16 disabilities or similar disabilities due to injury and resources
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17 available for the ward's care if the ward has been diagnosed with
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18 such condition; and
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19 3. Specific to assisting persons with Alzheimer's disease,
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20 dementia, or similar neurological conditions including, but not
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21 limited to, understanding Alzheimer's disease, communication
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22 techniques, and resources available for the ward's care in addition
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23 to training specific to assisting persons with developmental
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24 disabilities or similar disabilities due to injury and resources
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 1 available for the ward's care if the ward meets both age and
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2 diagnosis criteria specified in paragraphs 1 and 2 of this
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3 subsection.
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4 E. A list of approved training programs will be maintained by
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5 the Department of Human Services. Programs not included on the list
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6 shall be submitted for approval to the Department of Human Services
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7 prior to guardianship determination.
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8 SECTION 5. This act shall become effective November 1, 2024.
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10 59-2-9586 CMA 12/28/23
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