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 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.

Added by Laws 2019, c. 23, § 4, emerg. eff. April 4, 2019.