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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 199 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 authorizing certain waiver by court; requiring
12 Department of Human Services to maintain certain
12 list; updating statutory language; updating statutory
13 references; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 30 O.S. 2021, Section 1-114, is
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18 amended to read as follows:
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19 Section 1-114. A. In all cases the court making the
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20 appointment of a guardian has exclusive jurisdiction to control such
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21 guardian in the management and disposition of the person and
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22 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 for a proposed ward
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7 diagnosed with a neurological condition such as Alzheimer's disease,
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8 dementia, or other similar developmental disability to complete
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9 prerequisite training;
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10 3. Issue and revoke letters of guardianship;
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11 3. 4. Control the conduct of guardians with regard to the care
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12 and treatment provided to their wards;
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13 4. 5. Control the conduct of guardians with regard to the
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14 management of the financial resources of their wards, including, but
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15 not limited to, the power to:
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16 a. compel guardians to submit plans, reports, inventories
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17 and accountings to the court,
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18 b. compel payment and delivery by guardians of property
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19 belonging to their wards,
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20 c. order the payment of debts, the sale of property, and
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21 order and regulate the distribution of property which
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22 has been placed under the control or management of a
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23 guardian, and
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24 d. settle the accounts of guardians;
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Req. No. 463 Page 2
1 5. 6. Appoint appraisers of the property of wards;
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2 6. 7. Compel the attendance of witnesses and the production of
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3 documents and property;
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4 7. 8. After a petition has been filed for appointment of a
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5 guardian for a minor, make or modify any temporary order of
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6 guardianship during the progress of the proceedings that would be in
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7 the best interest of the ward. Any such temporary order may be
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8 entered ex parte with written notice sent to all parties directing
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9 them to appear before the court, at a time and place therein
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10 specified, not more than twenty (20) days from the time of making
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11 such order, to show cause why the order should not be granted for
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12 temporary guardianship; and
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13 8. 9. Exercise all powers conferred by the Oklahoma
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14 Guardianship and Conservatorship Act, Section 1-101 et seq. of this
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15 title, and to make such orders as may be necessary for the exercise
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16 of said such powers.
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17 C. The chief judge of each district court shall establish by
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18 court rule a system for:
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19 1. The filing of guardianship and conservatorship cases and
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20 records which distinguish them from probate cases; and
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21 2. Monitoring the filing of annual reports and inventories
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22 required by this title for the purpose of assuring that the court
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23 will be notified of annual reports as they fall due and whether or
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24 not said such 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 Persons with Developmental or Physical
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2 Disabilities Act shall not be appointed guardian or limited guardian
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3 of a resident of such facility unless the owner, operator,
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4 administrator or employee is the spouse of the resident, or a
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5 relative of the resident within the second degree of consanguinity
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6 and is otherwise eligible for appointment; or
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7 9. If applicable, an individual volunteer qualified for
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8 appointment as a guardian of a veteran pursuant to the Veterans
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9 Volunteer Guardianship Act.
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10 B. When the guardian or limited guardian of an incapacitated or
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11 partially incapacitated person is the guardian of property only, the
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12 court may appoint an organization which is eligible to manage the
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13 financial resources of an individual and has fiduciary powers, or
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14 its successor in interest, when:
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15 1. Such organization is nominated by the subject of the
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16 proceeding pursuant to Section 3-102 of this title;
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17 2. Such organization is nominated by a person eligible to make
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18 such nomination pursuant to Section 3-103 of this title; or
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19 3. The appointment of such organization is in the best interest
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20 of the subject of the proceeding.
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21 C. The court shall make reasonable inquiry to determine whether
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22 the person or organization proposed to serve as the guardian or
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23 limited guardian of an incapacitated or partially incapacitated
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24 person is suitable and will exercise the powers and carry out the
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1 duties and responsibilities of guardian or limited guardian in the
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2 best interest of the ward. For any guardianship for which the court
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3 orders completion of training pursuant to paragraph 2 of subsection
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4 B of Section 1-114 of this title, the court shall require
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5 verification or attestation of completion of prerequisite training
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6 specific to the needs of the ward to be filed in the case or
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7 submitted to the court prior to appointment of the guardian, unless
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8 waived by the court. The court shall also inquire of the proposed
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9 guardian of the person of the ward as to how the guardian proposes
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10 to provide for the care of the ward, and of the proposed guardian of
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11 the estate of the ward as to how the guardian proposes to manage the
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12 property of the ward and to provide for the ward's financial care.
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13 The court shall make such orders with respect thereto as the court
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14 deems to be for the best interest of the ward.
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15 D. A public agency shall not be appointed to serve as guardian
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16 for an adult except as provided in Section 1415 of Title 10 and
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17 Section 10-108 of Title 43A of the Oklahoma Statutes.
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18 SECTION 3. AMENDATORY 30 O.S. 2021, Section 3-111, is
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19 amended to read as follows:
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20 Section 3-111. A. At the hearing on the petition the court
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21 shall determine whether or not it is necessary to appoint a guardian
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22 of the person, property or both. If a guardian is needed, the court
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23 shall determine:
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1 1. When a general or limited guardian of the person of the
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2 subject of the proceeding is requested, the essential requirements
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3 for the health and safety of the subject of the proceeding and the
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4 skills and knowledge necessary to meet those requirements;
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5 2. When a general or limited guardian of the property of the
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6 subject of the proceeding is requested, the type and amount of the
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7 financial resources of the subject of the proceeding, the essential
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8 requirements for managing the financial resources and the skills and
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9 knowledge necessary to manage the financial resources;
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10 3. The nature and extent of the incapacity of the subject of
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11 the proceeding, if any; and
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12 4. Whether by clear and convincing evidence the subject of the
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13 proceeding is an incapacitated or partially incapacitated person.
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14 B. If after a full hearing and examination upon such petition,
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15 the court finds by clear and convincing evidence that the subject of
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16 the proceeding is an incapacitated or partially incapacitated
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17 person, the court shall determine the extent of the incapacity and
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18 the feasibility of less restrictive alternatives to guardianship to
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19 meet the needs of the subject of the proceeding. Upon such
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20 determination, the court may:
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21 1. Dismiss the action if the court finds that less restrictive
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22 alternatives to guardianship are feasible and adequate to meet the
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23 needs of the subject of the proceeding; or
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1 2. Appoint a guardian or limited guardian who has completed any
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2 prerequisite training specific to the needs of the ward ordered
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3 pursuant to paragraph 2 of subsection B of Section 1-114 of this
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4 title, unless waived by the court. An order making such an
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5 appointment shall include a specific finding that it was established
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6 by clear and convincing evidence that the identified needs of the
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7 subject of the proceeding require a guardianship instead of less
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8 restrictive alternatives.
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9 C. Guardianship for an incapacitated person shall be:
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10 1. Used only as is necessary to promote and protect the well-
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11 being of the person and his or her property;
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12 2. Designed to encourage the development of maximum self-
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13 reliance and independence of the person; and
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14 3. Ordered only to the extent required by the actual mental,
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15 physical and adaptive limitations of the person.
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16 SECTION 4. AMENDATORY 30 O.S. 2021, Section 3-112, is
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17 amended to read as follows:
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18 Section 3-112. A. Whenever the court finds the subject of the
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19 proceeding to be an incapacitated person the court shall appoint:
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20 1. A general guardian of the person; and
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21 2. As the court determines to be necessary and appropriate, a
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22 guardian of the property of the ward.
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1 B. Whenever the court finds the subject of the proceeding to be
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2 a partially incapacitated person the court shall appoint, as
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3 necessary and appropriate for said the person:
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4 1. A limited guardian of the person; or
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5 2. A general or a limited guardian of the property of said the
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6 person; or
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7 3. A limited guardian of the person and a general or limited
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8 guardian of the property of said the person.
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9 C. The court may appoint the same or separate persons to serve
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10 as guardian or limited guardian of the person and guardian or
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11 limited guardian of the property of a ward.
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12 D. Unless waived by the court, any person who is to serve as a
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13 guardian or limited guardian of the person or the property of a ward
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14 whom the court finds to be an incapacitated or partially
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15 incapacitated adult due to a diagnosed neurological condition such
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16 as Alzheimer's disease, dementia, or other similar developmental
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17 disability shall submit verification or attestation of completion of
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18 prerequisite training. Such training shall be specific to assisting
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19 persons with Alzheimer's disease, dementia, or similar neurological
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20 conditions including, but not limited to, understanding Alzheimer's
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21 disease, communication techniques, and resources available for care
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22 if the ward is over sixty (60) years of age, or earlier if the
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23 person is diagnosed with such a condition.
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1 E. A list of approved training programs shall be maintained by
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2 the Department of Human Services. Programs not included on the list
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3 must be submitted for approval to the Department prior to
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4 guardianship determination.
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5 SECTION 5. This act shall become effective November 1, 2025.
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7 60-1-463 TEK 12/30/2024 3:01:20 PM
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Req. No. 463 Page 10Every fact on this page links to its source, starting with the official bill record.