§ 30-4-303 — Settlement and allowance of accounts - Reports to court

- Accounting informations - Date certain for next annual report. A. Except as otherwise provided by subsection B of this section, a guardian or limited guardian of the property shall, upon the expiration of a year from the time of appointment, and at least annually thereafter, present accounts to the court for settlement and allowance as part of the guardianship report as required by Section 4-306 of this title. B. 1. In addition, a guardian or limited guardian of the property shall: a. present accounts whenever the court requires that such report or accounts be presented, and b. with the annual report of accounts, report any changes of property listed on the inventory required by Section 4-301 of this title. The report shall state the compensation requested by the guardian and for the attorneys. 2. If there has been a significant change in the physical or mental condition of the ward, or the ward's financial resources, the details thereof shall be set forth in the annual report required by subsection A of this section. 3. Except as otherwise directed by the court or required by the Veterans Volunteer Guardianship Act, the provisions of this subsection regarding the filing of an annual accounting and annual plan shall not apply to any guardianship of the property of a ward if the ward's financial resources or assets, other than a homestead, are worth less than Forty Thousand Dollars ($40,000.00) if a bond has been posted, or are worth less than Ten Thousand Dollars ($10,000.00) regardless of whether or not a bond has been posted, and if the guardian or limited guardian of the property is the spouse or a relative of the ward within the fourth degree of consanguinity. C. In addition to the reports required by subsections A and B of this section, a guardian or limited guardian shall submit a report: 1. If the ward is an incapacitated or partially incapacitated person, when there is a significant change in the capacity of the ward to meet the essential requirements for the physical health or safety of the ward or to manage the financial resources of the ward; 2. If the ward is a minor, any significant change in the condition of the minor or in the condition of the estate of the minor; 3. When the guardian or limited guardian resigns or is removed; and 4. When the guardianship is terminated. D. 1. Unless waived at the discretion of the court, a guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall file a report on the guardianship of the person pursuant to Section 4-305 of this title. 2. A guardian of the person of a minor ward shall not be required to file annual reports of the guardianship of the person of the ward unless ordered by the court. 3. A guardian or limited guardian of the property of a ward shall file a report on the guardianship of the property pursuant to Section 4-306 of this title. E. The court shall not waive the filing of any report for a period in excess of five (5) years. F. If the same person or organization is required to file reports as to both the person and the property of a ward, the reports may be consolidated. G. Any accounting information submitted by a guardian or limited guardian of the property of a ward shall be verified and shall be rendered in the same manner as required by Title 58 of the Oklahoma Statutes with respect to any information of an estate of a decedent. Such information shall also set forth any charges to the property of the ward which have accrued since the previous accounting or, in the case of an initial accounting, since the filing of an inventory of the property of the ward placed under the control of the guardian or limited guardian. H. In addition to other specified information any order of the court approving an annual guardianship plan and report shall include the date certain by which the guardian shall file the next annual report.

Legislative History

R.L. 1910, § 6550. Amended by Laws 1988, c. 329, § 83, eff. Dec. 1, 1988. Renumbered from § 872 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 58, operative July 1, 1990; Laws 1992, c. 115, § 2, eff. Sept. 1, 1992; Laws 2001, c. 322, § 2, emerg. eff. June 1, 2001; Laws 2004, c. 181, § 8, eff. Nov. 1, 2004; Laws 2019, c. 23, § 10, emerg. eff. April 4, 2019.