§ 3-113. Order appointing guardian--Specific determinations of capacity--Submission of guardian...
Oklahoma Statutes AnnotatedTitle 30. Guardian and WardEffective: November 1, 2021
Effective: November 1, 2021
30 Okl.St.Ann. § 3-113
§ 3-113. Order appointing guardian--Specific determinations of capacity--Submission of guardianship plan--Other orders
B. In establishing the specific limitations on the legal activities of a ward for whom a limited guardian of the person is appointed, the court shall make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity:
5. To make personal medical decisions including but not limited to decisions to withhold or withdraw life-sustaining procedures, to receive hospice services through a home or inpatient hospice program, to donate organs, to undergo elective surgery, or to consent to routine or necessary medical or other professional care, treatment or advice.
C. In establishing the specific limitations on the legal abilities of a ward for whom a limited guardian of the property is appointed, the court shall make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity to:
D. If not submitted with the petition or at the hearing, the guardian or limited guardian shall submit a guardianship plan as required by Section 3-120 or 3-122 of this title, or both, as appropriate and a copy of said plan shall be mailed to those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title. The guardianship plan as approved by the court shall be made a part of the order of the court. Said plan may be modified as provided by this act.1
1. Order the guardian of the property of the ward to provide the ward from such property with specified amounts of money, monthly, or from time to time, which the ward may dispose of as the ward shall determine and for which, other than a showing of the amounts paid to the ward, the guardian will not be required to account. Such order may be modified upon application of the guardian or any interested person, and a hearing conducted thereon, with notice of the hearing on such application to be given to those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title and shall be given as provided in Section 3-110 of this title; and
Credits
Laws 1988, c. 329, § 50, eff. Dec. 1, 1988. Laws 1990, c. 323, § 36, operative July 1, 1990; Laws 2019, c. 86, § 1, eff. Nov. 1, 2019; Laws 2021, c. 544, § 2, eff. Nov. 1, 2021.
Footnotes
Title 30, § 1-101 et seq.
30 Okl. St. Ann. § 3-113, OK ST T. 30 § 3-113
Current with emergency effective legislation through Chapter 347 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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