§ 30-1-121. Guardian of the property - Power - Fiduciary duty.  


Latest version.
  • A.  A guardian of the property must keep safely the property of his ward.  He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the court, but must so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward or the successors of the ward at the close of his guardianship, in as good condition as he received it.

    B.  A guardian of the property, in relation to powers conferred pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, shall act as a fiduciary and shall perform, diligently and in good faith, as a prudent person would in managing his own property, not with regard to speculation but with regard to conservation and growth, and the specific duties and powers assigned by the court.

R.L. 1910, § 3335.  Amended by Laws 1988, c. 329, § 21, eff. Dec. 1, 1988.  Renumbered from § 16 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 18, operative July 1, 1990.