Okla. Stat. tit. 43A, § 43A-14-104
This is the official text of Okla. Stat. tit. 43A, § 43A-14-104, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Venue — Damages — Attorney fees — Access to records
Official statutory text
A. A claim for elder neglect, exploitation, or abuse, as
prescribed in this section, may be brought in any district court
within the county in the State of Oklahoma in which the vulnerable
adult lives or maintains his or her residence or was living at the
time of the act or omission giving rise to the claim.
B. A person who commits neglect or financial neglect against a
vulnerable adult, proven by a preponderance of the evidence, shall
be liable for actual damages in an amount that compensates the
vulnerable adult for the loss he or she has incurred as a result
thereof and shall be liable for punitive damages as Oklahoma law
otherwise allows.
C. A person who commits exploitation or abuse of a vulnerable
adult, proven by a preponderance of the evidence, shall be liable
for damages three times the actual damages incurred by the
vulnerable adult as a result thereof and shall be liable for
punitive damages as Oklahoma law otherwise allows.
Oklahoma Statutes - Title 43A. Mental Health Page 253
D. The prevailing party in the claims prescribed in subsections
B and C of this section shall be entitled to recover reasonable
attorney fees and costs.
E. The claims prescribed in this section shall follow and
otherwise be subject to the general laws governing civil claims
under Oklahoma law, including, without limitation, the provisions
found in Titles 12 and 23 of the Oklahoma Statutes.
F. The claims provided for by this section may be brought by
the vulnerable adult or on behalf of the vulnerable adult by his or
her guardian, limited guardian, conservator, agent under an
appropriate power of attorney, duly appointed representative of the
estate of the vulnerable adult, if deceased, or other legal
representative approved by the court.
G. In addition to any other documents or records to which the
vulnerable adult or his or her legal representative may be entitled
in pursuit of the claim or claims prescribed in this section, the
court may authorize or direct the vulnerable adult and his or her
legal representative access to and copies of financial, legal,
mental health, and physical health records of the vulnerable adult
in the possession of any physician, hospital, other health care
provider, firm, financial institution, lawyer, accountant,
counselor, broker, caregiver, corporation, other business entity, or
other facility or party. These records, upon order of the court,
shall be produced within ten (10) days, unless the court orders a
shorter time, and the records shall not be disclosed for any purpose
other than the purpose for which they have been obtained.
H. The claims provided for in this section survive the death of
the vulnerable adult.
prescribed in this section, may be brought in any district court
within the county in the State of Oklahoma in which the vulnerable
adult lives or maintains his or her residence or was living at the
time of the act or omission giving rise to the claim.
B. A person who commits neglect or financial neglect against a
vulnerable adult, proven by a preponderance of the evidence, shall
be liable for actual damages in an amount that compensates the
vulnerable adult for the loss he or she has incurred as a result
thereof and shall be liable for punitive damages as Oklahoma law
otherwise allows.
C. A person who commits exploitation or abuse of a vulnerable
adult, proven by a preponderance of the evidence, shall be liable
for damages three times the actual damages incurred by the
vulnerable adult as a result thereof and shall be liable for
punitive damages as Oklahoma law otherwise allows.
Oklahoma Statutes - Title 43A. Mental Health Page 253
D. The prevailing party in the claims prescribed in subsections
B and C of this section shall be entitled to recover reasonable
attorney fees and costs.
E. The claims prescribed in this section shall follow and
otherwise be subject to the general laws governing civil claims
under Oklahoma law, including, without limitation, the provisions
found in Titles 12 and 23 of the Oklahoma Statutes.
F. The claims provided for by this section may be brought by
the vulnerable adult or on behalf of the vulnerable adult by his or
her guardian, limited guardian, conservator, agent under an
appropriate power of attorney, duly appointed representative of the
estate of the vulnerable adult, if deceased, or other legal
representative approved by the court.
G. In addition to any other documents or records to which the
vulnerable adult or his or her legal representative may be entitled
in pursuit of the claim or claims prescribed in this section, the
court may authorize or direct the vulnerable adult and his or her
legal representative access to and copies of financial, legal,
mental health, and physical health records of the vulnerable adult
in the possession of any physician, hospital, other health care
provider, firm, financial institution, lawyer, accountant,
counselor, broker, caregiver, corporation, other business entity, or
other facility or party. These records, upon order of the court,
shall be produced within ten (10) days, unless the court orders a
shorter time, and the records shall not be disclosed for any purpose
other than the purpose for which they have been obtained.
H. The claims provided for in this section survive the death of
the vulnerable adult.
Status: in_force · Read it on the official government site
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