Okla. Stat. tit. 30 § 4-306

Current through Laws 2024, c. 453.

Section 4-306 - Report on guardianship or limited guardianship of property - Requirements - Attachments - Review of financial resources

A. A report on the guardianship or limited guardianship of the property of a ward shall set forth:

1. The name and place of abode of the ward, and the name and address of the guardian or limited guardian;

2. If the ward is an incapacitated or partially incapacitated person, significant changes in the capacity of the ward to manage his financial resources and the services being provided to the ward and the relationship of those services to the individual guardianship plan for the management of financial resources;

3. Any significant actions taken by the guardian or limited guardian during the reporting period;

4. Any significant problems relating to the guardianship which have arisen during the reporting period; and

5. If the ward is an incapacitated or partially incapacitated person, the reasons, if any, why the guardianship should not be terminated, or why no less restrictive alternative would permit the ward to manage his financial resources.

B. If the ward is an incapacitated or partially incapacitated person, reports on the guardianship of the property shall be substantially in the following form:

Report on the Guardianship of Property I, (Name) the (Guardian or Limited Guardian of the property) of (Name), an incapacitated (or a partially incapacitated) person, hereby submit this (annual, court-ordered) Report.

List any significant changes in the capacity of the ward to manage his or her financial resources: _________________________ ________________________________________________________________

The services currently being provided to the ward are as follows: _________________________________________________________

These services (are, are not) provided for in the current Guardianship Plan as approved by the court. The reason these services are not shown in the current plan are as follows: ______________________________________________________ _______________________________________________________________

I (have, have not) taken any significant actions for or on behalf of the ward since the last time I submitted a Guardianship Report. (If so:) These actions are as follows: _______________________________________________________________

There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report. (If so:) The problems are as follows: _______________________________________________________________

In my opinion, the guardianship (should, should not) be continued. The reasons for my belief are as follows: _______________________________________________________________

It is my belief that the ward (would, would not) be able to manage his or her financial resources with fewer restrictions on the ward's ability to act for him or herself. The reasons for my belief are as follows: _______________________________________________________________ I hereby swear that the answers set forth above are true and correct to the best knowledge and belief of the undersigned, subject to the penalties of making a false affidavit or declaration. _________________ _______________________________________ (Date of Report) (Signature of Guardian or Limited Guardian)

C. If the ward is a minor, reports on the guardianship of the property shall be substantially in the following form: I, (Name) the (Guardian or Limited Guardian of the property) of (Name), a minor, hereby submit this (annual, court-ordered) Report.

The services currently being provided to the ward are as follows: _________________________________________________________

These services (are, are not) provided for in the current Guardianship Plan as approved by the court. The reason these services are not shown in the current plan are as follows: ______________________________________________________ _______________________________________________________________

I (have, have not) taken any significant actions for or on behalf of the ward since the last time I submitted a Guardianship Report. (If so:) These actions are as follows: _______________________________________________________________

There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report. (If so:) The problems are as follows: _______________________________________________________________ I hereby swear that the answers set forth above are true and correct to the best knowledge and belief of the undersigned, subject to the penalties of making a false affidavit or declaration. _________________ _______________________________________ (Date of Report) (Signature of Guardian or Limited Guardian)

D. Whenever there are changes or proposed changes to the guardianship plan, an individual guardianship plan for the management of financial resources, substantially in the same form as provided in Section 3-122 of this title, shall be submitted with the guardianship report and shall show any such changes or proposed changes in the guardianship plan since last submitted and approved by the court.

E. The report:

1. Shall contain a complete financial statement of the financial resources of the ward under the control or supervision of the guardian or limited guardian of the property;

2. Shall contain an accounting of any receipts and disbursements received, or expenditures made by the guardian or limited guardian on behalf of the ward;

3. May include any request for compensation for the guardian; and

4. May include any compensation request for the attorney for the ward.

F. As directed by the court, following submission of a report or in conjunction with an initial or annual review or any subsequent proceeding, a guardian or limited guardian shall submit to an actual review of the financial resources placed under his control.

Okla. Stat. tit. 30, § 4-306

Added by Laws 1988, HB 1078, c. 329, § 85, eff. 12/1/1988; Amended by Laws 1990, HB 2176, c. 323, § 61, emerg. eff. 7/1/1990.