{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-6-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-6-101","heading":"Short title – Purpose – Office of Public Guardian –","body":"Powers and duties.\n\nA. 1. This section and Section 4 of this act shall be known\n\nand may be cited as the “Oklahoma Public Guardianship Act”.\n\n2. The purpose of the Oklahoma Public Guardianship Act is to,\n\nwithin the budgetary limits specified by the Oklahoma Public\n\nGuardianship Act:\n\na. furnish guardianship services, and information\n\nregarding less restrictive alternatives, to all\n\nOklahomans who need them,\n\nb. provide assistance to guardians throughout the state\n\nin securing necessary services for their wards,\n\nincluding, but not limited to, removing a guardian or\n\nlimited guardian, and\n\nc. provide assistance to courts, attorneys, and proposed\n\nguardians or limited guardians in the handling of\n\nguardianship proceedings.\n\n3. There is hereby created the Office of Public Guardian within\n\nthe Department of Human Services. Until the expansion of the pilot\n\nprogram established by Section 4 of this act becomes statewide and\n\nrules are promulgated by the Commission for Human Services, the\n\nOffice of Public Guardian, subject to the availability of funds,\n\nshall be a source of information and assistance on guardianship and\n\nalternatives for the public needing public guardianship services.\n\nB. 1. Upon receipt of recommendations of the evaluating board\n\nestablished pursuant to Section 4 of this act evaluating the pilot\n\nproject established pursuant to Section 4 of this act which\n\nindicates that the expansion of the pilot project on a statewide\n\nbasis would be economically feasible and practical, the Commission\n\nshall promulgate rules for developing a statewide program for public\n\nguardianship pursuant to the Oklahoma Public Guardianship Act.\n\n2. Upon promulgation of rules by the Commission, the provisions\n\nof this section shall become effective statewide.\n\nC. For the pilot program, and after the program has been\n\nexpanded on a statewide basis, the Office of Public Guardian shall\n\nserve as a public guardian for eligible wards. The Office of Public\n\nGuardian shall be a source of guardians, limited guardians,\n\nattorneys for guardians and wards. In addition, after the program\n\nhas been expanded statewide, the Office of Public Guardian shall:\n\n1. Be a source of information and assistance on guardianship\n\nand alternatives for the public needing public guardianship\n\nservices;\n\n2. Establish and maintain relationships with governmental,\n\npublic, and private agencies, institutions, and organizations to\n\nassure the most effective guardianship program for each ward;\n\n3. Have, at a minimum, phone contact with each ward, if\n\ncapable, every two (2) weeks;\n\n4. Visit each ward at least three times every quarter, with one\n\nvisit being unannounced;\n\n5. Keep and maintain the following records on all cases in\n\nwhich the public guardian provides guardianship services:\n\na. itemized financial records,\n\nb. health care,\n\nc. rehabilitation,\n\nd. education, and\n\ne. vocation;\n\n6. Provide information and referrals to the public regarding\n\nguardianship proceedings, but not information that would identify a\n\nparticular case;\n\n7. Foster the increased independence of the ward, to include\n\ntermination of the guardianship when appropriate; and\n\n8. Develop and maintain a current listing of public and private\n\nmedical, mental health, social advocacy, educational,\n\nrehabilitative, counseling, therapeutic, homemaking, recreational,\n\nfinancial, and legal services and programs available to assist wards\n\nand their families.\n\nD. The Office of Public Guardian may:\n\n1. Contract for services necessary to carry out the duties of\n\nthe Office; and\n\n2. Accept the services of volunteer workers or consultants and\n\nreimburse them for their necessary expenses.\n\nE. For the pilot program and after the program has been\n\nexpanded on a statewide basis, the Office of Public Guardian may, on\n\nits own motion or at the request of a district court, intervene in a\nGuardian may:\n\n1. Contract for services necessary to carry out the duties of\n\nthe Office; and\n\n2. Accept the services of volunteer workers or consultants and\n\nreimburse them for their necessary expenses.\n\nE. For the pilot program and after the program has been\n\nexpanded on a statewide basis, the Office of Public Guardian may, on\n\nits own motion or at the request of a district court, intervene in a\n\nguardianship proceeding if the public guardian or a court considers\n\nthe intervention to be justified because:\n\n1. An appointed guardian is not fulfilling his or her duties;\n\n2. The estate is subject to waste as a result of the costs of\n\nthe guardianship;\n\n3. A willing and qualified guardian is not available; or\n\n4. The best interests of the ward or the person who is the\n\nsubject of a guardianship proceeding require the intervention.\n\nF. The Office of Public Guardian, as funds become available,\n\nmay employ staff and delegate to members of the staff or to\n\nvolunteers the powers and duties as guardian and other powers and\n\nduties pursuant to the Oklahoma Public Guardianship Act. However,\n\nthe Office of Public Guardian retains responsibility for the proper\n\nperformance of the delegated powers and duties. All delegations\n\nshall be to persons who meet the eligibility requirements of a\n\nguardian pursuant to Section 3-104 of Title 30 of the Oklahoma\n\nStatutes.\n\nG. For the pilot program, and after the program has been\n\nexpanded on a statewide basis, a public guardian has the same powers\n\nand duties with respect to the ward as a private or volunteer\n\nguardian.\n\nH. For the pilot program and after the program has been\n\nexpanded on a statewide basis, a public guardian shall endeavor, for\n\nas long as practicable, to find a suitable private or volunteer\n\nguardian of the ward. For each ward, the public guardian shall\n\nreport to the court having jurisdiction of the ward, at least every\n\nsix (6) months, efforts to find a private or volunteer guardian.\n\nI. For the pilot program and after the program has been\n\nexpanded on a statewide basis, any district court of this state may\n\norder a public guardian to act as full guardian, limited guardian,\n\nspecial guardian, or conservator for a person who is determined\n\nunder the Oklahoma Public Guardianship Act to be in need of guardian\n\nservice if no other person or private guardianship association is\n\nwilling and qualified to perform this function.","path":["OK Code","Title 30"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os30.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5f4fd7c48e5b04a46e2dd234a57db61e23eaf37f4e2ab6091807eef326ccab96","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-6","next":"us-ok/okla.-stat.-tit.-30-30-6-102"},"notice":"GroundRules: Original legal text. Not legal advice."}