Okla. Stat. tit. 30, § 30-3-106.1

programs.

Oklahoma Statutes - Title 30. Guardian and Ward Page 38

A. As used in this section:

1. “Court-appointed advocates for vulnerable adults” or “CAAVA”

means a responsible adult who has been trained and is supervised by

a court-appointed advocates for vulnerable adults program recognized

by the court, and who has volunteered to be available for

appointment under this section to serve as an officer of the court,

as a guardian ad litem to represent the best interests of any

vulnerable adult over whom the district court exercises

jurisdiction, until discharged by the court;

2. “Court-appointed advocates for vulnerable adults program”

means an organized program, administered by either an independent,

not-for-profit corporation, a dependent project of an independent,

not-for-profit corporation, or a unit of local government, which

recruits, screens, trains, assigns, supervises and supports

volunteers to be available for appointment by the court as guardians

ad litem, to represent the best interests of a vulnerable adult;

3. “Vulnerable adult” means a person, eighteen (18) years of

age or older, who is a victim of abuse, neglect or exploitation, or

who is disabled; and

4. “Best interests” means a determination with regard to a

vulnerable adult that is made from the perspective of the vulnerable

adult, considering, but without giving primary importance to, the

convenience of the vulnerable adult’s relatives, caregivers or

health care providers, and without regard for the perceived quality

of life of the vulnerable adult or the vulnerable adult’s perceived

nearness to death.

B. The following entities shall collectively develop policy

guidelines for court-appointed advocates for vulnerable adults

programs:

1. Oklahoma Planning Council on Developmental Disabilities;

2. Court-appointed special advocates (CASA);

3. Aging Services Division of the Department of Human Services;

4. Adult Protective Services Program Office;

5. Office of Public Guardian;

6. Advocacy Partnership for Aging Oklahomans;

7. The State Long-Term Care Ombudsman; and

8. The Developmental Disabilities Division of the Department of

Human Services.

C. 1. Whenever a petition is filed alleging that a potential

ward, hereinafter referred to as a vulnerable adult, is abused,

neglected, exploited or disabled, or for any other action related to

the vulnerable adult, the court may appoint a guardian ad litem for

the vulnerable adult at any time subsequent to the filing of the

petition.

2. The court may appoint a guardian ad litem upon the request

of the vulnerable adult, the attorney of the vulnerable adult, the

Office of Public Guardian, the Adult Protective Services Program

Oklahoma Statutes - Title 30. Guardian and Ward Page 39

Office, Aging Services Division and the Developmental Disabilities

Services Division within the Department of Human Services, the

Office of the State Long-Term Care Ombudsman, the state legal

services developer, or any other party to the action.

3. A guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, the vulnerable

adult’s attorney, an employee of the court, or an employee of any

public agency having duties or responsibilities related to the

vulnerable adult.

4. The guardian ad litem shall be appointed to advocate

objectively on behalf of the vulnerable adult and act as an officer

of the court to investigate all matters concerning the best

interests of the vulnerable adult. In addition to other duties

required by the court and as specified by the court, a guardian ad

litem shall have the following responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the vulnerable adult in appropriate settings,

and interview relatives, health care providers, adult

protective services workers and any other persons with

knowledge relevant to the case,
he court and as specified by the court, a guardian ad

litem shall have the following responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the vulnerable adult in appropriate settings,

and interview relatives, health care providers, adult

protective services workers and any other persons with

knowledge relevant to the case,

b. advocate for the vulnerable adult’s best interests by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the vulnerable adult when necessary,

c. maintain the confidentiality of information related to

the case,

d. monitor the vulnerable adult's best interests

throughout any judicial proceeding, and

e. present written reports on the vulnerable adult’s best

interests that include conclusions and

recommendations, and the facts upon which they are

based.

5. The guardian ad litem shall be given access to the court

files and agency files and access to all documents, reports, records

and other information relevant to the case and to any records and

reports of examination of the vulnerable adult’s relatives, guardian

or custodian, made pursuant to the laws relating to adult abuse and

neglect, including reports generated by service providers.

D. 1. Whenever a court-appointed advocates for vulnerable

adults program is available to the court to serve as a guardian ad

litem, priority shall be given to appointment of the court-appointed

advocate for vulnerable adults to serve as guardian ad litem for the

vulnerable adult regardless of whether a guardian ad litem has been

requested pursuant to the provisions of this subsection.

2. A court-appointed advocates for vulnerable adults (CAAVA)

program may be made available to each judicial district.

Oklahoma Statutes - Title 30. Guardian and Ward Page 40

3. For purposes of this section, the terms "court-appointed

advocate for vulnerable adults" and “guardian ad litem” shall have

the same function. In like manner, a court-appointed advocate for

vulnerable adults, except as specifically otherwise provided by law

or by the court, shall have the same power, duties and

responsibilities as assigned to a guardian ad litem by law and shall

have such other qualifications, duties and responsibilities as may

be prescribed by rule of the Supreme Court.

4. A court-appointed advocate for vulnerable adults shall serve

without compensation.

E. 1. Any person participating in a judicial proceeding as a

court-appointed advocate for vulnerable adults shall be presumed

prima facie to be acting in good faith and in so doing shall be

immune from any civil liability that otherwise might be incurred or

imposed.

2. Any person serving in a management position of a court-

appointed advocate for vulnerable adults organization, including a

member of the Board of Directors acting in good faith, shall be

immune from any civil liability or any vicarious liability for the

negligence of any court-appointed advocate for vulnerable adults

organization advocates, managers or directors.