Okla. Stat. tit. 30, § 30-4-803

- Removal - Resignation - Final account - Notice and hearing.

A. The authority and responsibility of a guardian terminates

upon the death of the guardian, conservator, or the ward, the

determination of incapacity of the guardian or conservator, or upon

removal or resignation of the guardian or conservator. Termination

does not affect the liability of a guardian or conservator for prior

acts or the obligation to account for any funds and assets of the

ward under the control of the guardian or conservator. The

authority and responsibility of a guardian of a minor also

terminates upon the marriage or majority of the ward.

B. The court, after notice and hearing, may remove a guardian

or conservator for cause if the guardian or conservator has failed

for thirty (30) days, after he is required to do so, to render an

account or make a report, and compel him to surrender the estate of

the ward to the person found to be lawfully entitled thereto.

C. Every guardian or conservator may resign when it appears

proper to allow the same and upon the resignation or removal of a

guardian or conservator the court may appoint a successor guardian

or conservator in the place of the guardian or conservator who has

resigned or has been removed or make other appropriate orders

pursuant to the provisions of the Oklahoma Guardianship and

Conservatorship Act.

D. Upon termination of the disability of the ward or upon his

death, or upon the resignation or removal of the guardian or

Oklahoma Statutes - Title 30. Guardian and Ward Page 110

conservator, a guardian or conservator or the guardian's or

conservator's personal representative, or if the guardian or

conservator is incapacitated or deceased and there is no personal

representative, then some suitable person appointed by the court

shall file the guardian's or conservator's final account and request

for final compensation with the court within thirty (30) days after

such event.

1. The court shall set the final account for hearing on a date

not less than fifteen (15) days after the filing thereof. Notice of

such hearing shall be given at least ten (10) days prior to the date

set for hearing, by mailing a copy of the notice of hearing by

first-class mail:

a. if the guardianship was established for a minor or a

minor's estate, to the persons entitled to notice

pursuant to Section 2-101 of this title if the ward is

still a minor, or to the ward only if the ward has

attained majority or has married, or if the ward is

deceased, to the persons entitled to notice pursuant

to Section 2-101 of this title and to the personal

representative of the ward's estate if such

representative has been appointed and the

representative's appointment is known to or

ascertainable by reasonably diligent efforts of the

person rendering the final account; or

b. if the guardianship was established for an adult or an

adult's estate, or if the proceeding is a

conservatorship action, to those persons entitled to

notice pursuant to paragraph 1, unless the ward is

deceased, and paragraphs 2, 3 and 7 of subsection A of

Section 3-110 of this title and, if the ward is

deceased, to the personal representative of the ward's

estate if such representative has been appointed and

the representative's appointment is known to or

ascertainable by reasonably diligent efforts of the

person rendering the final account.

2. Any person to whom notice is given in accordance with this

subsection may appear at the hearing on the final account and file

his exceptions in writing to the final account and contest the same.

3. The settlement of the account and the allowance thereof by

the court shall be conclusive against all persons interested in the

estate of the ward, except as to persons subject to a legal

disability at the time the notice of hearing is given.

4. Upon approval of the final account, the guardian or

conservator and his sureties, if any, shall be discharged.
final account and contest the same.

3. The settlement of the account and the allowance thereof by

the court shall be conclusive against all persons interested in the

estate of the ward, except as to persons subject to a legal

disability at the time the notice of hearing is given.

4. Upon approval of the final account, the guardian or

conservator and his sureties, if any, shall be discharged.

R.L. 1910, § 6578. Amended by Laws 1953, p. 248, § 83; Laws 1988,

c. 329, § 120, eff. Dec. 1, 1988. Renumbered from Title 58, § 875

Oklahoma Statutes - Title 30. Guardian and Ward Page 111

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

1992, c. 274, § 2, eff. Sept. 1, 1992.