Chapter 6 OSAGE NATION ADULT PROTECTIVE SERVICE AND GUARDIANSHIP/WARD
This chapter is included in your selections.
Sections:
- Article I. General Provisions
- 6-101 Short title.
- 6-102 Articles in Act.
- 6-103 Purpose.
- 6-104 Existing guardianships or conservatorships; compliance with Act; Court review of cases.
- 6-105 Guardian defined.
- 6-106 Guardian ad litem excluded.
- 6-107 Ward defined.
- 6-108 Guardians classified.
- 6-109 General guardian.
- 6-110 Special guardian.
- 6-111 Definitions.
- 6-112 Persons and property subject to Act; power of appointment; parental rights.
- 6-113 Appointment of guardian; jurisdiction.
- 6-114 Powers of Court.
- 6-115 Venue; priorities of jurisdiction; transfer; consolidation.
- 6-116 Place of hearing; order and decree.
- 6-117 Guardians ad litem; power to appoint; appointment.
- 6-118 Guardian of nonresident.
- 6-119 Powers of guardian.
- 6-120 Power of guardian of the person; report of change of ward’s abode; power of limited guardians.
- 6-121 Guardian of the property; power; fiduciary duty.
- 6-122 Confidential information filed with Court.
- 6-123 Letters of guardianship.
- 6-124 Guardianship handbook and duties summary.
- Article II. Minors
- 6-125 When guardian of minor to be appointed; petition; notice.
- 6-126 Nominations of guardian.
- 6-127 Nomination and appointment of guardian; age of minor.
- 6-128 Nomination of guardian by minor at fourteen (14) years of age; approval of Court.
- 6-129 Appointment when ward’s nominee ineligible.
- 6-130 Appointment of parents as guardians.
- 6-131 Guardian in charge of education.
- 6-132 Education and maintenance of minor; income from property of minor; guardianship of minor with living parent; child support.
- 6-133 Conditions of appointment.
- 6-134 Investments authorized.
- 6-135 Contracts on lives of wards and beneficiaries of trust funds.
- 6-136 Interest of guardian.
- 6-137 When power of guardian appointed by parent ceases.
- 6-138 Release of minor ward at majority.
- 6-139 Limitation of discharge by Court.
- 6-140 Custody by abandonment of a minor; qualified relative.
- Article III. Adults
- Appointment of Guardian
- 6-141 Petition for appointment of guardian.
- 6-142 Nomination of guardians or alternate guardians by adult; priorities of nominations.
- 6-143 Nomination of guardian or limited guardian by will.
- 6-144 Priorities for selection by Court of guardian or limited guardian; appointment of organization; determination of suitability; appointment of public agency.
- 6-145 Court appointment where nominee is unable, unwilling or cannot qualify to serve.
- 6-146 Rights of individual alleged to be or found to be incapacitated or partially incapacitated; confidentiality; relief from costs and fees; record.
- 6-147 Court-appointed advocates for vulnerable adults programs.
- 6-148 Appointment of counsel; explanation and inquiry by Court; replacement of appointed counsel; determination of independence of retained counsel; record.
- 6-149 Evaluations of subject of proceeding.
- 6-150 Hearing on petition; setting of date.
- 6-151 Determination by Court; order appointing guardian; explanation on record.
- 6-152 Appointment of guardians or limited guardians.
- 6-153 Order appointing guardian; specific determinations of capacity; submission of guardianship plan; other orders.
- 6-154 Assignment of powers to limited guardian; endorsement of limitation or specification of assets upon letters of guardianship.
- 6-155 Appointment of special guardian; powers; duration; bond; removal.
- 6-156 Proceedings to determine restoration to capacity.
- 6-157 Presumption of capacity when guardian discharged without appointment of another.
- 6-158 Duties and powers of guardian or limited guardian.
- 6-159 Proposed plan for care and treatment of ward.
- 6-160 Disposition of financial resources under supervision and control of guardian or limited guardian; petition for restoration of capacity.
- 6-161 Proposed plan for management of financial resources of ward.
- 6-162 Sale or lease of homestead of incapacitated or partially incapacitated person.
- 6-163 Sale or lease of real property by guardian; approval; joinder of spouse.
- 6-164 Estates of incapacitated or partially incapacitated persons not exceeding Ten Thousand Dollars ($10,000.00); disposition; discharge and release.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction
- Part 1. General Provisions
- Part 2. Jurisdiction
- 6-170 Definitions; applicability.
- 6-171 Jurisdictional basis for appointing a guardian or issuing a protective order.
- 6-172 Jurisdictional requirements for appointing a guardian or issuing a protective order.
- 6-173 Special jurisdiction.
- 6-174 Continuing jurisdiction over proceeding.
- 6-175 Factors for declining jurisdiction.
- 6-176 Jurisdiction acquired through unjustifiable conduct.
- 6-177 Notice of petition in Osage Nation Trial Court.
- 6-178 Rules for filing of petitions in multiple states.
- Part 3. Transfer of Guardianship
- Part 4. Registration and Recognition of Orders from Other Tribes or States
- Part 5. Miscellaneous Provisions
- Appointment of Guardian
- Article IV. Miscellaneous
- Eligibility for Appointment
- 6-185 Appointment as guardian of more than five wards prohibited; exceptions.
- 6-186 Violations; punishment.
- 6-187 Disqualification by financial relations with Judge of District Court; removal of ineligible guardians; liability for continuing to act; removal of Judge.
- 6-188 Eligibility of nonresidents; foreign trust companies or institutions; domestic corporations or trust companies.
- 6-189 Inquiry into suitability of person proposed to serve as guardian.
- Bond
- Inventory, Accounting and Reports
- 6-195 Inventory and account of estate of ward; appraisal; waiver of inventory prohibited.
- 6-196 Settlement and allowance of accounts; reports to Court; accounting information; date certain for next annual report.
- 6-197 Account by one of joint guardians.
- 6-198 Report on guardianship of person; requirements; attachments.
- 6-199 Report on guardianship or limited guardianship of property; requirements; attachments; review of financial resources.
- 6-200 Reserved.
- 6-201 Application for relief; notice; hearing; order; appointment of counsel to represent ward; joinder of separate applications or objections; evaluation of ward; hearing without notice.
- Expenses, Compensation and Costs
- Joint Guardians
- Nonresident Wards
- Powers and Duties of Guardian
- 6-215 Payment of debts.
- 6-216 Collection and settlement of accounts and appearance for ward in suits; compromise and settlement of claims.
- 6-217 Discharge and release.
- 6-218 Service upon guardian; duty of guardian.
- 6-219 Management of estate; income applied for support of ward; sale of realty.
- 6-220 Execution of waivers or consents for wards.
- 6-221 Investment of money and proceeds of sales.
- Sale of Property
- 6-222 Income insufficient for maintenance; sale of property necessary.
- 6-223 Sale of property for investment.
- 6-224 Petition for sale; verification.
- 6-225 Mailing or publication of order; waiver of notice.
- 6-226 Hearing upon order; protests.
- 6-227 Partition of real estate; assent; approval of Court.
- 6-228 Testimony; witnesses; attendance and examination.
- 6-229 Order for sale; public or private sale.
- 6-230 Terms of sale; security.
- 6-231 Limitation of action for recovery of estate sold; disability and removal.
- 6-232 Exchange of property held by ward or wards in common; notice.
- 6-233 Sale of perishable property; report; good faith determination of perishability.
- 6-234 Former leases legalized.
- Suspension, Removal or Termination of Guardian
- 6-235 Removal of guardians.
- 6-236 Suspension of power of guardian; marriage of incapacitated or partially incapacitated person.
- 6-237 Termination of authority and responsibility of guardian; removal; resignation; final account; notice and hearing.
- 6-238 Termination of guardianship when unnecessary.
- 6-239 Distribution of personal property of intestate ward.
- Civil Liability – Concealment or Embezzlement of Property
- Criminal Liability
- Eligibility for Appointment