Okla. Stat. tit. 30 § 1-114

Current through Laws 2024, c. 453.

Section 1-114 - Powers of court

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.

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. Issue and revoke letters of guardianship;

3. Control the conduct of guardians with regard to the care and treatment provided to their wards;

4. 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 sale 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. Appoint appraisers of the property of wards;

6. Compel the attendance of witnesses and the production of documents and property;

7. 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 place 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. 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 powers.

C. The chief judge of each district court shall establish by court rule a system for:

1. The filing of guardianship and conservatorship 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 assuring that the court will be notified of annual reports as they fall due and whether or not said reports are filed.

Okla. Stat. tit. 30, § 1-114

R.L. 1910, § 3330; Amended by Laws 1988, HB 1078, c. 329, § 14, eff. 12/1/1988; Renumbered from 30 O.S. § 10 by Laws 1988, HB 1078, c. 329, § 134, eff. 12/1/1988; Amended by Laws 1990, HB 2176, c. 323, § 11, emerg. eff. 7/1/1990; Amended by Laws 1992, HB 2020, c. 115, § 1, eff. 9/1/1992.