Adult Guardianship - Duties & Reporting Requirements
 
A guardian has "fiduciary" duties. This means the guardian is required to act in the best interest of the ward. In addition, a guardian must file periodic reports with the court about the ward's physical and financial situation.
 
Guardianship Duties 
 

If the guardian is making decisions about where the ward lives, he or she must ensure that the ward is in the least restrictive environment possible.

 

If the guardian believes that the ward no longer needs a guardianship, he or she is required to petition the court to terminate the guardianship.

 

A guardian must be careful with the ward and his or her property. This requires having sufficient contact with the ward to make sure the ward is safe and healthy.

 

See 30 O.S. s. 3-118 for more on guardians' duties.

Reporting Requirements
 
A guardian generally must file annual reports with the court.  The guardian of the person files a report on the physical condition of the ward. The guardian of the estate files a report on the financial condition of the ward. If the guardian of the person and estate are the same, the reports may be combined.

Copies of the reports should be mailed to the ward and everyone else entitled to notice. The report shall be sent along with a written statement that the recepient has 15 days to file an objection to the report.

 

If the guardian chooses, he or she may ask the court to approve payment of the guardian's compensation for the services provided during the year.

 

Reporting on the Guardianship of the Person

 

The report on the guardianship of the person must include:

  • the current place of residence of the ward
  • current contact information of the guardian
  • any significant changes in the capacity of the ward
  • a description of the services being provided for the ward
  • problems encountered and significant actions taken by the guardian
  • justification for continuing the guardianship

If there are changes to the plan of care, a revised plan should be submitted with the report. The guardian of the person must also account for any funds received or spent on behalf of the ward as well as any payment received by the guardian. See 30 O.S. s. 4-305 for more on reporting on the guardianship of the person. 

Reporting on the Guardianship of the Estate

 

A guardian of the property must generally file an annual report accounting for the income and expenses of the ward. The report must include the following information:

  • the current place of residence of the ward
  • current contact information of the guardian
  • any changes in the capacity of the ward
  • services that are being provided to manage the ward's financial resources
  • signficant actions taken by the guardian and problems encountered
  • justification for continuing the guardianship
  • an accounting of all money and property received by the guardian on behalf of the ward 
  • all payments made by the guardian on behalf of the ward
  • any signficant changes to the ward's financial situation or property holdings  
The guardian of the estate who is the spouse or relative of the ward may not have to file a report if the ward's assets (not including the homestead) are worth less than $40,000 AND a bond has been posted. A guardian who is a spouse or relative of the ward does not have to file a report if the ward's assets (not including the homestead) are worth less than $10,000 even if no bond has been posted.

 

See 30 O.S. s. 4-306 for more on reporting on the guardianship of the estate.

 

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