§ 6-101. Short title--Oklahoma Public Guardianship Act--Purpose--Powers and duties
Oklahoma Statutes AnnotatedTitle 30. Guardian and Ward
30 Okl.St.Ann. § 6-101
§ 6-101. Short title--Oklahoma Public Guardianship Act--Purpose--Powers and duties
A. 1. This section and Section 4 of this act1 shall be known and may be cited as the “Oklahoma Public Guardianship Act”.
3. There is hereby created the Office of Public Guardian within the Department of Human Services. Until the expansion of the pilot program established by Section 4 of this act becomes statewide and rules are promulgated by the Commission for Human Services, the Office of Public Guardian, subject to the availability of funds, shall be a source of information and assistance on guardianship and alternatives for the public needing public guardianship services.
B. 1. Upon receipt of recommendations of the evaluating board established pursuant to Section 4 of this act evaluating the pilot project established pursuant to Section 4 of this act which indicates that the expansion of the pilot project on a statewide basis would be economically feasible and practical, the Commission shall promulgate rules for developing a statewide program for public guardianship pursuant to the Oklahoma Public Guardianship Act.
C. For the pilot program, and after the program has been expanded on a statewide basis, the Office of Public Guardian shall serve as a public guardian for eligible wards. The Office of Public Guardian shall be a source of guardians, limited guardians, attorneys for guardians and wards. In addition, after the program has been expanded statewide, the Office of Public Guardian shall:
E. For the pilot program and after the program has been expanded on a statewide basis, the Office of Public Guardian may, on its own motion or at the request of a district court, intervene in a guardianship proceeding if the public guardian or a court considers the intervention to be justified because:
F. The Office of Public Guardian, as funds become available, may employ staff and delegate to members of the staff or to volunteers the powers and duties as guardian and other powers and duties pursuant to the Oklahoma Public Guardianship Act. However, the Office of Public Guardian retains responsibility for the proper performance of the delegated powers and duties. All delegations shall be to persons who meet the eligibility requirements of a guardian pursuant to Section 3-104 of Title 30 of the Oklahoma Statutes.
H. For the pilot program and after the program has been expanded on a statewide basis, a public guardian shall endeavor, for as long as practicable, to find a suitable private or volunteer guardian of the ward. For each ward, the public guardian shall report to the court having jurisdiction of the ward, at least every six (6) months, efforts to find a private or volunteer guardian.
I. For the pilot program and after the program has been expanded on a statewide basis, any district court of this state may order a public guardian to act as full guardian, limited guardian, special guardian, or conservator for a person who is determined under the Oklahoma Public Guardianship Act to be in need of guardian service if no other person or private guardianship association is willing and qualified to perform this function.
Credits
Laws 2001, c. 310, § 3, emerg. eff. June 1, 2001.
Footnotes
O.S.L.2001, c. 310, § 4 [Title 30, § 6-102].
30 Okl. St. Ann. § 6-101, OK ST T. 30 § 6-101
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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