If after full examination and hearing the court shall determine that a person is mentally incompetent, but that it is not necessary to hospitalize him for treatment or for his own welfare, the welfare of others or of the community, the judge of the district court must issue an order adjudging the person to be mentally incompetent and must appoint a guardian of his person and estate with the powers and duties that are prescribed for the guardian of a minor. Every such guardian has the care and custody of his ward, and the management of all his estate, until such guardian is legally discharged. The guardian shall give bond to the State of Oklahoma, in like manner and with like conditions, as before prescribed with respect to the guardian of a minor, provided that upon a finding by the district court that:
1. The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward is less than Forty Thousand Dollars ($40,000.00); and
2. The guardian of the ward is either a parent or a child of the ward,
the court may order that a bond is not necessary.
In all other cases, except as provided in subsection A of Section 776 of this title, a bond shall be required.
Added by Laws 1953, p. 167, § 65, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 89, eff. Nov. 1, 1986. Renumbered from § 65 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 164, § 1, operative July 1, 1987.
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