Okla. Stat. tit. 72, § 72-194
This is the official text of Okla. Stat. tit. 72, § 72-194, part of Oklahoma’s Stat. tit. 72, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 72,." Browse the sections below, each linked to its official government source.
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Requirements for subject and guardian
Official statutory text
A. The subject of the proceeding in a guardianship established
pursuant to the Veterans Volunteer Guardianship Act shall:
1. Meet the requirements of "veteran" pursuant to Section 2 of
Title 72 of the Oklahoma Statutes;
2. Be a resident of this state; and
3. Be in receipt of a veteran's disability compensation or
pension from the United States Department of Veterans Affairs
pursuant to Title 38 of the Code of Federal Regulations or in
receipt of benefits under the Supplemental Nutrition Assistance
Program.
B. The current or prospective guardian in a guardianship
established pursuant to the Veterans Volunteer Guardianship Act
shall:
1. Be an individual;
2. Be a resident of this state;
3. Not be related by blood, adoption or marriage to the subject
of the proceeding within the third degree of affinity or
consanguinity;
4. Not be considered ineligible or barred from serving as a
fiduciary for a veterans affairs beneficiary under Section 13.130 of
Title 38 of the Code of Federal Regulations; provided, that any
guardian appointed under the Veterans Volunteer Guardianship Act
that is subsequently denied appointment as a fiduciary shall provide
notification to the court within thirty (30) days of receipt of
notice of the denial;
5. Serve on a volunteer basis and waive compensation for
services as a guardian; provided, the guardian may receive
reimbursement of expenses incurred on behalf of the subject of the
proceeding that are authorized by court order and subject to the
limitations imposed by the court; and
6. Be availed of any benefits and subject to any additional
requirements promulgated by rules or policy of the Oklahoma
Department of Veteran Affairs, as the Department deems beneficial to
Oklahoma Statutes - Title 72. Soldiers and Sailors Page 49
the recruitment of community volunteer guardians and protection of
the interest of the wards, including but not limited to background
checks.
C. Nothing in this section shall be construed to prevent a
guardian or prospective guardian from receiving compensation for
services as a fiduciary appointed by the United States Department of
Veterans Affairs or as a court-ordered guardian that is otherwise
authorized under Title 30 of the Oklahoma Statutes and does not cite
authority or request benefits from the provisions of the Veterans
Volunteer Guardianship Act.
D. Nothing in this section shall entitle a guardian of the
property of a veteran to payments on behalf of the subject of the
proceeding for veteran's benefits unless the guardian has made
application to the United States Department of Veterans Affairs for
appointment as a fiduciary as required by federal law.
pursuant to the Veterans Volunteer Guardianship Act shall:
1. Meet the requirements of "veteran" pursuant to Section 2 of
Title 72 of the Oklahoma Statutes;
2. Be a resident of this state; and
3. Be in receipt of a veteran's disability compensation or
pension from the United States Department of Veterans Affairs
pursuant to Title 38 of the Code of Federal Regulations or in
receipt of benefits under the Supplemental Nutrition Assistance
Program.
B. The current or prospective guardian in a guardianship
established pursuant to the Veterans Volunteer Guardianship Act
shall:
1. Be an individual;
2. Be a resident of this state;
3. Not be related by blood, adoption or marriage to the subject
of the proceeding within the third degree of affinity or
consanguinity;
4. Not be considered ineligible or barred from serving as a
fiduciary for a veterans affairs beneficiary under Section 13.130 of
Title 38 of the Code of Federal Regulations; provided, that any
guardian appointed under the Veterans Volunteer Guardianship Act
that is subsequently denied appointment as a fiduciary shall provide
notification to the court within thirty (30) days of receipt of
notice of the denial;
5. Serve on a volunteer basis and waive compensation for
services as a guardian; provided, the guardian may receive
reimbursement of expenses incurred on behalf of the subject of the
proceeding that are authorized by court order and subject to the
limitations imposed by the court; and
6. Be availed of any benefits and subject to any additional
requirements promulgated by rules or policy of the Oklahoma
Department of Veteran Affairs, as the Department deems beneficial to
Oklahoma Statutes - Title 72. Soldiers and Sailors Page 49
the recruitment of community volunteer guardians and protection of
the interest of the wards, including but not limited to background
checks.
C. Nothing in this section shall be construed to prevent a
guardian or prospective guardian from receiving compensation for
services as a fiduciary appointed by the United States Department of
Veterans Affairs or as a court-ordered guardian that is otherwise
authorized under Title 30 of the Oklahoma Statutes and does not cite
authority or request benefits from the provisions of the Veterans
Volunteer Guardianship Act.
D. Nothing in this section shall entitle a guardian of the
property of a veteran to payments on behalf of the subject of the
proceeding for veteran's benefits unless the guardian has made
application to the United States Department of Veterans Affairs for
appointment as a fiduciary as required by federal law.
Status: in_force · Read it on the official government site
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