A. As used in the Oklahoma Guardianship and Conservatorship Act: 1. “Abuse” means the intentional infliction of physical pain, injury, or mental anguish or the deprivation of food, clothing, shelter or medical care to an incapacitated person, partially incapacitated person, or a minor by a guardian or other person responsible for providing these services; 2. “Confidential information” means medical records, physical, psychological or other evaluations of a ward or subject of the proceeding, initial and subsequent guardianship plans, reports of guardians, limited guardians and conservators submitted to the court in connection with a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act; 3. “Court” means a judge of the district court assigned to hear probate matters or assigned to the division of the district court designated to exercise probate jurisdiction; 4. “Estate” means the property of the person whose affairs are subject to a guardianship proceeding; 5. “Evaluation” means a professional assessment of: a. the ability of an adult to receive and evaluate information effectively or communicate decisions, b. the impact of any impairment of these skills on the capacity of the individual to meet the essential requirements for the individual’s physical health or safety, or to manage the individual’s financial resources, and c. the services necessary to provide for the ward; 6. “Exploitation” means an unjust or improper use of the resources of an incapacitated person, a partially incapacitated person or a minor for the profit or advantage, pecuniary or otherwise, of a person other than an incapacitated person, a partially incapacitated person or a minor through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense; 7. A “guardian of an incapacitated person” means a person who has been appointed by a court to serve as the guardian of an incapacitated person to assure that the essential requirements for the health and safety of the person are met, to manage the estate or financial resources of the person, or both; 8. “Guardian ad litem” means, with respect to a guardianship proceeding, a person appointed by the court to assist the subject of the proceeding in making decisions with regard to the guardianship proceeding, or to make the decisions when the subject of the proceeding is wholly incapable of making the decisions even with assistance; 9. “Guardianship plan” means the plan for the care and treatment of a ward, the plan for the management of the financial resources of a ward, or both; 10. “Guardianship proceeding” means a proceeding for the appointment of a guardian, or for other orders regarding the condition, care or treatment or for the management of the financial resources of a ward; 11. “Guardianship report” means any report required by the provisions of Sections 4-305 and 4-306 of this title; 12. “Incapacitated person” means a person eighteen (18) years of age or older: a. who is impaired by reason of: (1) mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes, (2) intellectual or developmental disability as defined by Section 1430.2 of Title 10 of the Oklahoma Statutes, (3) physical illness or disability, (4) drug or alcohol dependency as defined by Section 3-403 of Title 43A of the Oklahoma Statutes, or (5) such other similar cause, and b. whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that the person: (1) lacks the capacity to meet essential requirements for physical health or safety, or (2) is unable to manage financial resources. Whenever in the Oklahoma Statutes the term “incompetent person” appears and refers to a person who has been found by a district court to be an incompetent person because of an impairment or condition described in this paragraph it shall have the same meaning as “incapacitated person” but shall not include a person who is a partially incapacitated person; 13. “Least restrictive alternative” means an approach to meeting the needs of an individual that restricts fewer rights of the individual than would the appointment of a guardian or conservator including, but not limited to, supported decision making, appropriate technological assistance, appointment of a representative payee and appointment of an agent by the individual including under a power of attorney for health care or finances; 14. “Intangible personal property” means cash, stocks and bonds, mutual funds, money market accounts, certificates of deposit, insurance contracts, commodity accounts, and other assets of a similar nature; 15. “Letters” means a document issued by the court subsequent to the appointment of a guardian which designates the name of the guardian and specifies the authority and powers of the guardian. Such document shall be endorsed thereon with the oath of the guardian that he or she will perform the duties of his or her office as guardian according to law; 16. A “limited guardian” means a person appointed by the court to serve as the guardian of a partially incapacitated person and who is authorized by the court to exercise only: a. some of the powers of a guardian of the person or whose power as guardian of the person extends only to certain matters pertaining to the care or control of the ward as specified by the court, or b. certain powers as guardian of the property over the estate or financial resources of the ward, or whose powers as guardian of the property extend only to some portion of the estate or financial resources of the ward; 17. “Manage financial resources” or “manage the estate” means those actions necessary to obtain, administer and dispose of real property, business property, benefits and income, and to otherwise manage personal financial or business affairs; 18. “Meet the essential requirements for physical health or safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury is more likely than not to occur; 19. “Minor” means a person under eighteen (18) years of age; 20. “Neglect” means the failure to provide protection for an incapacitated person, a partially incapacitated person or a minor who is unable to protect the person’s own interest; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person’s own action or inaction because of a lack of awareness, incompetence or incapacity, which has resulted or may result in physical or mental injury; 21. “Organization” means a corporation, trust, business trust, partnership, association or other legal entity; 22. “Partially incapacitated person” means an incapacitated person whose impairment is only to the extent that without the assistance of a limited guardian the person is unable to: a. meet the essential requirements for physical health or safety, or b. manage all of the person’s financial resources or to engage in all of the activities necessary for the effective management of the person’s financial resources. A finding that an individual is a partially incapacitated person shall not constitute a finding of legal incompetence. A partially incapacitated person shall be legally competent in all areas other than the area or areas specified by the court in its dispositional or subsequent orders. Such person shall retain all legal rights and abilities other than those expressly limited or curtailed in the orders; 23. “Party” means the person or entity filing a petition, application, motion, acceptance of a testamentary nomination or objection; the subject of a guardianship proceeding; and the guardian, the guardian ad litem and the conservator, if any such persons have been appointed; 24. “Person” means an individual; 25. “Property” means real property, personal property, income, any interest in such real or personal property and includes anything that may be the subject of ownership; 26. “Restrictions on the legal capacity of a person to act in the person’s own behalf” means powers of an incapacitated or partially incapacitated person which are assigned to a guardian; 27. “Subject of the proceeding” means a minor or an adult: a. who is the subject of a petition requesting the appointment of a guardian, limited guardian or special guardian, b. for whom a guardian or limited guardian has been appointed by the court, or c. an adult for whom a conservator is requested or appointed; 28. “Supported decision making” means assistance from one or more persons chosen by an individual in understanding the nature and consequences of potential personal and financial decisions to enable the individual to make such decisions, and in communicating such decisions if consistent with the wishes of the individual; and 29. “Surcharge” means the imposition of personal liability by a court on a guardian or limited guardian for willful or negligent misconduct in the administration of the estate or other financial resources of a ward. B. 1. Nothing in this section shall be construed to mean an incapacitated person, a partially incapacitated person or a minor is abused or neglected for the sole reason that a guardian or other person responsible, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of the person or minor in their trust, and, in the case of an adult, in accordance with the practices of or the express consent of the incapacitated or partially incapacitated person. 2. Nothing contained in this subsection shall prevent a court from immediately assuming custody of a minor, pursuant to the Oklahoma Children’s Code, and ordering whatever action may be necessary including medical treatment, to protect the minor’s health or welfare.
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