A. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or an incapacitated or partially incapacitated person, may be appointed in all cases by the court as provided in this title. B. After the service of notice in a proceeding seeking the appointment of a guardian or other order, in subsequent proceedings pertaining to the guardianship of a ward and until termination of the proceeding, the court in which the petition is filed has exclusive jurisdiction to determine: 1. The need for a guardian or other order; and 2. How the estate of the ward shall be managed, expended, or distributed to or for the use of the ward or the dependents of the ward. R.L. 1910, § 3328. Amended by Laws 1988, c. 329, § 13, eff. Dec. 1, 1988. Renumbered from § 8 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 10, operative July 1, 1990.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2004–2022 · leading case:
In the Matter of K.S., 393 P.3d 715 (Okla. 2017).
In the Matter of K.S., 393 P.3d 715 (Okla. 2017).
· cites it 2× “30 O.S.2011, § 1-113. The district court’s decision to strike the healing and deny the motion without a hearing was not an abuse of discretion.”
In Re the Marriage of Morgan, 2019 OK CIV APP 5 (Okla. Civ. App. 2018).
· cites it 3× “¶31 Father argues the trial court did not have jurisdiction to decide the financial support issue, relying on Title 30 O.S.2011 § 1-113. Section 1-113 provides: A.”
In the Matter of K.S., 2017 OK 16 (Okla. 2017).
· cites it 4× “30 O.S.2011, § 1-113. The district court's decision to strike the hearing and deny the motion without a hearing was not an abuse of discretion.”
O'Neal v. Ogle, 91 P.3d 646 (Okla. 2004).
“Pursuant to 30 O.S.2001, § 1-113 the trial court had jurisdiction over the guardianship “until termination of the proceeding.”
Capuccio v. Capuccio (In re Capuccio), 558 B.R. 461 (Bankr. W.D. Okla. 2016).
· cites it 2× “30 O.S. § 1-113; 30 O.S. § 1-114. A reading of those statutes makes clear that such jurisdiction is exclusive as to specific matters such as (1) “the need for a guardian or other order and (2) how the estate of the ward shall be managed, expended or distributed to or for the use…”
Williams v. State, 393 P.3d 715 (Okla. 2017).
· cites it 2× “30 O.S.2011, § 1-113. The district court’s decision to strike the healing and deny the motion without a hearing was not an abuse of discretion.”
In the Matter of the Adoption of S.A.H., 503 P.3d 1190 (Okla. 2022).
“She further argues that Grandparents aggravated the situation by not fully disclosing in their adoption petition that Cousin had a claim for general guardianship still pending. We disagree; the adoption court correctly proceeded with the minor child's adoption.”
In Re Ano, 2004 OK 33 (Okla. 2004).
“Pursuant to 30 O.S.2001, § 1-113 the trial court had jurisdiction over the guardianship "until termination of the proceeding.”
Morgan v. Morgan, 438 P.3d 837 (Okla. Civ. App. 2018).
“¶31 Father argues the trial court did not have jurisdiction to decide the financial support issue, relying on Title 30 O.S.2011 § 1-113. Section 1-113 provides: A.”
In Re the Guardianship of A.N.A., 2020 OK CIV APP 7 (Okla. Civ. App. 2020).
· cites it 2× “" 30 O.S. 2011 §1-113(B). The guardianship may be terminated when the court determines the guardianship "is no longer necessary.”
Bobbie Harjo Caudill v. Clarksville Health Sys., GP (2017).
“]” Okla. Stat. Ann. tit. 30, § 1-113 . Before this notice, it appears that Oklahoma law only allows the guardianship court to enter a “temporary order of guardianship during the progress of the proceedings that would be in the best interest of the ward.”
Okla. Stat. tit. 30, § 1-113(B): 1 case
In Re the Guardianship of A.N.A., 2020 OK CIV APP 7 (Okla. Civ. App. 2020).
“" 30 O.S. 2011 §1-113(B). The guardianship may be terminated when the court determines the guardianship "is no longer necessary.”
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