Okla. Stat. tit. 30, § 30-3-121

control of guardian or limited guardian - Petition for restoration

of capacity.

A. A guardian of the property must keep safe the property of

his ward and shall act as a fiduciary as provided by Section 1-121

of this title.

Subject to the order and the guardianship plan for the

management of the financial resources of the ward, a guardian or

limited guardian of the property of the ward:

1. Shall expend or distribute, authorize the expenditure or

distribution of, and assist in the expenditure or distribution of,

the principal of or income from the financial resources placed under

his supervision and control to assure that:

a. the essential requirements for the physical health or

safety of the ward are met,

b. the property rights of the ward are protected,

c. the financial resources of the ward which are subject

to the guardianship are prudently managed, and

d. the guardian or limited guardian of the person of the

ward, if any, or if other than the guardian or limited

guardian of the property, is able to perform the

duties and powers assigned by the court;

2. May expend funds of the estate for the support of persons

legally dependent on the ward and others who are members of the

Oklahoma Statutes - Title 30. Guardian and Ward Page 57

ward's household who are unable to support themselves, and who are

in need of support;

3. May, subject to prior specific approval by the court, make

gifts to charity, persons, which may include the guardian or limited

guardian, or both such charity and persons, as the ward might have

been expected to make, based upon an established pattern of giving

made by the ward prior to the appointment of a guardian or limited

guardian or if the court finds it is in the best interest of the

subject of the proceeding on the basis of tax or estate planning.

The court may approve gifts of small amounts for holidays, birthdays

or similar occasions and shall specify in the order the maximum

amount which may be expended for such purpose and the person or

persons to whom such gifts can be made, which may include guardians

or limited guardians.

B. Limited guardians of property shall consider the size of the

financial resources of the ward which have not been placed under

their supervision or control.

C. If satisfied that the incapacity or partial incapacity of

the ward has ceased, the guardian or limited guardian of the

property shall file a petition requesting a determination on the

restoration to capacity of the ward and the termination of the

guardianship.