Okla. Stat. tit. 43A, § 43A-10-108

A. 1. If the Department of Human Services determines, as a

result of its investigation or an investigation by the Office of

Client Advocacy within the State Department of Health, that a

vulnerable adult is suffering from abuse, neglect, self-neglect, or

financial neglect or exploitation presenting a substantial risk of

death or immediate and serious physical harm to the person or

financial exploitation of the estate of the person, and the

vulnerable adult lacks mental capacity to consent to receive

protective services and no consent can be obtained, the Department

of Human Services may petition the district court in the county

specified by paragraph 3 of this subsection for an order:

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a. authorizing involuntary protective services and

appointing a temporary guardian of the person and/or

the estate,

b. freezing the assets of the vulnerable adult, if the

vulnerable adult is being exploited, establishing any

new accounts necessary to pay the daily living

expenses of the vulnerable adult, and directing a full

accounting and investigation of the person alleged to

be improperly managing the estate of the vulnerable

adult,

c. suspending or revoking the powers of an attorney-in-

fact granted by a durable power of attorney, or

revoking an irrevocable trust, or terminating a

guardianship or conservatorship established pursuant

to the Oklahoma Guardianship and Conservatorship Act,

or

d. directing any law enforcement agency to transport any

incapacitated person or vulnerable adult as necessary

for appropriate care, treatment and residential

placement. If such transportation is ordered,

reimbursement for expenses incurred from the

transportation of a vulnerable adult under the

Department’s temporary guardianship shall be paid as

provided for in Section 10-107 of this title.

2. Under no circumstances shall the court authorize the

Department, pursuant to this subsection, to consent or deny consent

to a Do-Not-Resuscitate order or the withdrawal of hydration or

nutrition or other life-sustaining treatment although the court

retains jurisdiction to hear such matters under applicable law.

3. The district court which may be petitioned by the Department

for an order pursuant to paragraph 1 of this subsection is:

a. the district court in the county in which the

vulnerable adult resides,

b. the district court in the county in which the

vulnerable adult is receiving inpatient services, or

c. the district court in the county where the vulnerable

adult is located when any delay caused by taking the

petition to the district court in the county of the

residence of the vulnerable adult would result in

greater substantial risk of death or greater serious

physical harm to the vulnerable adult. The petition

shall include an explanation of why the petition was

filed in the district court in the county specified by

this subparagraph rather than in the district court as

specified in subparagraph a or b of this paragraph.

B. The petition shall be sworn to and include the name, age,

and address of the vulnerable adult who the Department has

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determined is in need of emergency protective services, the nature

of the abuse, neglect, or exploitation, the services needed, and

information relating to the capacity of the person to consent to

services and a description of the attempts of the Department to

obtain consent and the name of the person or organization proposed

to be appointed as temporary guardian.

C. 1. The vulnerable adult shall receive an opportunity for a

hearing upon the petition, and shall be personally served with a

copy of the petition and a notice scheduling hearing at least forty-

eight (48) hours prior to any such hearing if the petition seeks

temporary guardianship of thirty (30) days or more.

2. a. The hearing shall be set by the court on an expedited
s temporary guardian.

C. 1. The vulnerable adult shall receive an opportunity for a

hearing upon the petition, and shall be personally served with a

copy of the petition and a notice scheduling hearing at least forty-

eight (48) hours prior to any such hearing if the petition seeks

temporary guardianship of thirty (30) days or more.

2. a. The hearing shall be set by the court on an expedited

basis, but no later than five (5) calendar days, not

including weekends or holidays when the court is

closed, from the date the notice scheduling hearing is

signed by the judge. The vulnerable adult shall have

a right to a closed hearing unless such vulnerable

adult requests otherwise.

b. Unless the vulnerable adult objects or the person

requiring notification pursuant to this subparagraph

is alleged to have abused, neglected or exploited the

vulnerable adult, the following persons shall be

notified of any hearing held pursuant to this

subsection:

(1) the legal guardian, guardian ad litem and

caretaker of the vulnerable adult,

(2) any person so requested by the vulnerable adult

to be present at the hearing, and

(3) persons required to be notified pursuant to

Section 3-110 of Title 30 of the Oklahoma

Statutes.

D. 1. Upon sworn testimony of a representative of the

Department, or statement of a district attorney representing the

Department, that immediate and reasonably foreseeable death or

serious physical harm to or financial exploitation of the vulnerable

adult will result, the court may waive prior notice and issue a

seventy-two-hour temporary guardianship and provide involuntary

protective services whether or not during regular courthouse

business hours. However, within twenty-four (24) hours of issuance

of the seventy-two-hour order, the vulnerable adult and the attorney

of the vulnerable adult, if known, shall be personally served with

written notice scheduling a hearing within seventy-two (72) hours.

2. If a hearing on the seventy-two-hour order is declined, or

upon conclusion of any such hearing, the court may terminate the

temporary guardianship and involuntary services or enter a temporary

guardianship for up to thirty (30) additional calendar days as

provided for in subsection G of this section.

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E. 1. The vulnerable adult has a right to be present and

represented by counsel at any hearing authorized by this section.

If the vulnerable adult is indigent or, in the determination of the

court, lacks capacity to waive the right to counsel, the court shall

immediately appoint counsel who shall personally meet with the

vulnerable adult and attempt to discuss the petition or any pending

motion prior to any hearing.

2. If the vulnerable adult is not in attendance at a scheduled

hearing, the court shall make a special finding as to why the

vulnerable adult is unable to attend, and, upon the request of the

vulnerable adult or the attorney of the vulnerable adult, may

continue the hearing to allow the vulnerable adult to attend.

3. If the vulnerable adult is indigent, the cost of

representation by counsel shall be borne by court funds.

4. If the vulnerable adult is not indigent, the court may order

costs of representation paid from the estate in the same manner as

currently paid under the Oklahoma Guardianship and Conservatorship

Act.

F. 1. After a hearing on the petition, the court may:

a. appoint a temporary guardian and order involuntary

protective services including, but not limited to,

authorization for medical and/or psychological

treatment and evaluations, and residential placement

subject to the provisions of subsection G of this

section,

b. issue an order freezing all assets of the vulnerable

adult, establish any new accounts necessary to pay the

daily living expenses of the vulnerable adult, and

order a full accounting and investigation of the

person alleged to be improperly managing the
cal and/or psychological

treatment and evaluations, and residential placement

subject to the provisions of subsection G of this

section,

b. issue an order freezing all assets of the vulnerable

adult, establish any new accounts necessary to pay the

daily living expenses of the vulnerable adult, and

order a full accounting and investigation of the

person alleged to be improperly managing the

vulnerable adult’s estate,

c. suspend or revoke powers of attorney or terminate a

guardianship or conservatorship upon a finding that

the attorney-in-fact, guardian or conservator failed

to act appropriately on behalf of the vulnerable

adult, or

d. order any law enforcement agency to transport any

incapacitated person or vulnerable adult as necessary

for appropriate care, treatment and residential

placement. If such transportation is ordered,

reimbursement for expenses incurred from the

transportation of a vulnerable adult under the

Department’s temporary guardianship shall be paid as

provided for in Section 10-107 of this title.

2. a. Except as otherwise provided by subparagraphs b and c

of this paragraph, the court appointing a temporary

guardian and ordering involuntary protective services

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shall not have authority to order the sale of the real

property of the vulnerable adult.

b. If the Department of Human Services has been appointed

temporary guardian and the court issues an order for

the Department to continue as the temporary guardian

of the vulnerable adult beyond the one hundred eighty

(180) calendar days authorized by this section because

there is no one willing and able to act as guardian

for the vulnerable adult, the Department, as temporary

guardian may, after one (1) year from its initial

appointment, sell the real property of a vulnerable

adult pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act.

c. The Department, as temporary guardian of a vulnerable

adult, may also sell the real property of the

vulnerable adult pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act prior to

the one-year requirement specified in subparagraph b

of this paragraph, if not selling the real property

would jeopardize the vulnerable adult’s eligibility

for Medicaid. The fact that the vulnerable adult

would be in jeopardy for receipt of Medicaid if the

property was not sold shall be stated upon the court

order directing the sale of the real property of the

vulnerable adult.

d. The court may issue an order authorizing the

Department to sell personal property of a vulnerable

adult when additional resources are required to pay

for necessary care for the vulnerable adult pursuant

to state law.

G. Whenever the court issues an order for involuntary

protective services, the court shall adhere to the following

limitations:

1. Only such protective services as are necessary to remove the

conditions creating the emergency shall be ordered, and the court

shall specifically designate the approved services in the order of

the court. When the conditions creating the emergency have been

removed, the court shall dismiss the temporary guardianship ordered

pursuant to this section;

2. The scope of service provided by the Department shall be

limited to protective services or the establishment of eligibility

for protective services for the person and estate. The Department

shall request dismissal of the temporary guardianship ordered

pursuant to this section when:

a. an appropriate level of care for the vulnerable adult

as determined by the Department has been established,

b. assets have been secured, if applicable, and

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c. a representative payee or trustee has been set for

financial management, if applicable;

3. Protective services authorized by an involuntary protective
uant to this section when:

a. an appropriate level of care for the vulnerable adult

as determined by the Department has been established,

b. assets have been secured, if applicable, and

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c. a representative payee or trustee has been set for

financial management, if applicable;

3. Protective services authorized by an involuntary protective

services order shall not include a change of residence unless the

court specifically finds such action is necessary to remove the

conditions creating the emergency and gives specific approval for

such action in the order of the court. Emergency placement may be

made to such facilities as nursing homes, hospital rehabilitation

centers, assisted living centers, foster care and in-home

placements, or to other appropriate facilities for emergency care or

evaluation to determine the extent of a vulnerable adult’s physical,

mental and functional limitations; provided, however, emergency

placement shall not be made or construed as an alternative to

emergency detention and protective custody as authorized under

Section 5-206 et seq. of this title or made or construed as an

alternative to involuntary commitment under Section 5-410 et seq. of

this title when a vulnerable adult otherwise meets the criteria for

involuntary commitment. Services to such vulnerable adults shall be

provided in a manner that is appropriate for the adult’s age and

condition and, except for facilities operated by the Department of

Mental Health and Substance Abuse Services or community-based

structured crisis centers under contract with the Department

pursuant to Section 3-317 of this title, services provided to

vulnerable adults pursuant to this section shall be provided in a

setting that is segregated from any patients or residents of a

facility who have been determined to be a danger to others; and

4. Involuntary protective services may be provided for a period

not to exceed thirty (30) calendar days except as provided by

subsections L and M of this section.

H. The court shall appoint the Department or an interested

person or organization as temporary guardian of the person with

responsibility for the welfare of such person and authority to give

consent on behalf of the person for the approved involuntary

protective services until the expiration of the order.

I. The issuance of an order for involuntary protective services

and the appointment of a temporary guardian shall not deprive the

vulnerable adult of any rights except to the extent validly provided

for in the order or appointment.

J. 1. To enforce an order for involuntary protective services,

the court may authorize:

a. forcible entry of the premises of the vulnerable adult

to be protected for the purpose of rendering

protective services but only after a reasonable

showing to the court that good faith attempts to gain

voluntary access to the premises have failed and

forcible entry is necessary,

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b. the transporting of the vulnerable adult to another

location for the provision of involuntary services,

and

c. the eviction of persons who are in a position to

exploit the vulnerable adult from any property owned,

leased, or rented by the vulnerable adult and

restriction of those persons’ further access to any

property of the vulnerable adult.

2. If forcible entry is authorized by the court, the order

shall include a directive that the Department’s representative be

accompanied by a police officer or deputy sheriff in the county

where the vulnerable adult or property of the vulnerable adult is

located, and the police officer or deputy sheriff shall make the

forcible entry.

K. The vulnerable adult, the temporary guardian, or any

interested person may petition the court to have the order to

provide involuntary protective services set aside or modified at any

time.
d by a police officer or deputy sheriff in the county

where the vulnerable adult or property of the vulnerable adult is

located, and the police officer or deputy sheriff shall make the

forcible entry.

K. The vulnerable adult, the temporary guardian, or any

interested person may petition the court to have the order to

provide involuntary protective services set aside or modified at any

time.

L. If the vulnerable adult continues to need involuntary

protective services after expiration of the thirty-day temporary

guardianship provided in subsection G of this section, the temporary

guardian shall immediately file a verified motion requesting the

court to, except as otherwise provided by subsection F of this

section, continue the temporary guardianship and involuntary

protective services under this section for a period not to exceed

one hundred eighty (180) calendar days.

M. 1. Service of the verified motion shall be made in

conformity with subsection C of this section.

2. Upon filing such motion, the court shall order that a

physical, mental, and social evaluation of the vulnerable adult be

conducted by the Department and that a proposed plan of care be

submitted to the court within thirty (30) calendar days thereafter

reflecting the evaluation findings and recommended services.

3. Upon filing such motion, the prior temporary guardianship

shall remain in full force and effect pending a review hearing after

the thirty-day evaluation period. The caretaker, guardian or next-

of-kin of the vulnerable adult may request that the evaluation

period be shortened for good cause.

4. The evaluation shall include at least the following

information:

a. the address of the place where the person is residing

and the person or agency which is providing care,

treatment, or services at present,

b. a summary of the professional treatment and services

provided to the person by the Department or agency, if

any, in connection with the problem creating the need

for emergency protective services, and

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c. a medical and social evaluation including, but not

limited to, the Department’s assessment of the

person’s capacity to consent to services, a

psychological or psychiatric evaluation and review if

the mental state of the person is in question, and any

recommendations for or against maintenance of partial

legal rights. The evaluation and review shall include

recommendations for placement based upon the best

interests of the vulnerable adult taking into

consideration the following:

(1) the least restrictive environment,

(2) the desires of the vulnerable adult and legal

guardian,

(3) the desires of the caretaker of the vulnerable

adult and of any of the persons specified in

Section 3-110 of Title 30 of the Oklahoma

Statutes,

(4) the physical and mental health needs of the

vulnerable adult,

(5) the available programs and services, and
to

consideration the following:

(1) the least restrictive environment,

(2) the desires of the vulnerable adult and legal

guardian,

(3) the desires of the caretaker of the vulnerable

adult and of any of the persons specified in

Section 3-110 of Title 30 of the Oklahoma

Statutes,

(4) the physical and mental health needs of the

vulnerable adult,

(5) the available programs and services, and

(6) the health, well-being and welfare of the

vulnerable adult and the public.

During the hearing to consider the motion to continue the

temporary guardianship of the vulnerable adult for up to one hundred

eighty (180) calendar days, the court shall consider the

Department’s findings and proposed plan of care and any other

evidence presented by the caretaker, guardian or other interested

persons. The court shall either terminate the temporary

guardianship and all involuntary services or continue the temporary

guardianship and specify any necessary services to be provided by

the Department for a period not to exceed one hundred eighty (180)

calendar days. Provided, the court may continue the guardianship of

the Department, if there is no one willing and able to act as

guardian for the vulnerable adult.

N. Neither the Department nor any of its employees or any other

petitioner shall be liable for filing a petition pursuant to the

Protective Services for Vulnerable Adults Act if the petition was

filed in good faith.