Okla. Stat. tit. 30, § 30-4-710

arrangements.

A. If a ward is the owner of any real or personal property that

is or may be deemed an available resource by the United States

Social Security Administration or by the applicable Medicaid rules

promulgated by the Oklahoma Health Care Authority or other state

agency, the guardian may petition the court for permission to

transfer or convey such property to a protective arrangement in

accordance with this section.

1. The guardian shall file a verified petition setting forth

what specific property is or may be deemed a resource by the federal

or state authority, including an affirmative statement that such

resource will or may affect the ward's receipt of public benefits

unless such resource is transferred to a protective arrangement. As

used in this section, "protective arrangement" includes, but is not

Oklahoma Statutes - Title 30. Guardian and Ward Page 101

limited to, any of the following transfers or conveyances of the

ward's resources:

a. to a first-party Medicaid payback trust, also known as

a d4A trust,

b. to a pooled trust approved by the Oklahoma Department

of Human Services, also known as a d4C trust,

c. as permitted by the administrative rules promulgated

by the Oklahoma Health Care Authority, such as to a

spouse or qualified disabled child of the ward,

d. to a sole benefit trust for the benefit of the spouse

or qualified disabled child of the ward,

e. to a sole benefit trust for any qualified disabled

person,

f. to a qualified disabled child or caregiving child of

the ward who qualifies pursuant to administrative

rules by providing caregiving services for the

required period of time, or

g. to a qualified Achieving a Better Life Experience

(ABLE) account within or without the State of

Oklahoma.

2. The court shall set the petition for a hearing not less than

ten (10) days nor more than thirty (30) days from the date of

filing.

a. Notice of the hearing shall be given to those persons

entitled to notice of the guardian's annual report

pursuant to Section 4-307 of Title 30 of the Oklahoma

Statutes. If the court has previously waived the

filing of the guardian's annual report, then notice

shall be given to those persons entitled to notice

pursuant to Section 3-110 of Title 30 of the Oklahoma

Statutes.

b. If all persons entitled to notice have waived such

notice, no notice shall be given and the court shall

proceed without delay to hear the petition.

c. At the hearing, the court shall hear testimony

regarding the public benefits that may be beneficial

to the ward or others and if and how the transfer or

conveyance of the ward's property to a protective

arrangement may allow the ward or others to receive

such public benefits.

B. If the court approves the petition and authorizes the

guardian to transfer or convey the ward's property that is or may be

deemed an available resource to a protective arrangement, such

transfer or conveyance shall not be considered a sale of the

property and shall not be subject to the provisions of Sections 4-

751 through 4-770 of Title 30 of the Oklahoma Statutes. Sections

380 through 512 of Title 58 of the Oklahoma Statutes shall not apply

Oklahoma Statutes - Title 30. Guardian and Ward Page 102

to any transfer or conveyance of the ward's assets to a protective

arrangement pursuant to this section.

C. If a bond was previously required by the court, the court

may continue the bond to include assets transferred or conveyed to a

protective arrangement, require a new bond in a lesser amount due to

the transfer of some or all of the ward's resources or waive the

requirement of a bond on the value of the transferred assets.

D. For the purposes of this section, a protective arrangement

shall not create, expand or otherwise modify any state or federally

authorized rules regarding exemption or transfer of assets or

resources for determination of Medicaid or Social Security
er amount due to

the transfer of some or all of the ward's resources or waive the

requirement of a bond on the value of the transferred assets.

D. For the purposes of this section, a protective arrangement

shall not create, expand or otherwise modify any state or federally

authorized rules regarding exemption or transfer of assets or

resources for determination of Medicaid or Social Security

eligibility. Nor shall a court's order authorizing a protective

arrangement have any effect or impact on the protective

arrangement's consideration in the actual Medicaid eligibility

determination decision by the Oklahoma Department of Human Services,

Oklahoma Health Care Authority or other appropriate determining

agency. The primary purpose of this section is to authorize a

guardian to pursue on behalf of his or her ward those same steps

that any legally competent person could pursue to apply for or

retain Medicaid or Social Security benefits.

E. This section shall not infringe upon or void an existing

homestead lien of record that has been filed by the Oklahoma Health

Care Authority pursuant to Section 5051.3 of Title 63 of the

Oklahoma Statutes.