Okla. Stat. tit. 56, § 56-3100

A. 1. The Aging Services Division of the Department of Human

Services shall, in accordance with the provisions of this section

and in consultation with area agencies on aging, establish a program

to provide leadership for improving the quality and quantity of

legal and advocacy assistance as a means of ensuring a comprehensive

elder rights system for Oklahoma’s vulnerable elderly.

2. In carrying out the program established in paragraph 1 of

this subsection, the Aging Services Division shall coordinate and

provide assistance to area agencies on aging and other entities in

Oklahoma that assist older individuals in:

a. understanding the rights of the older individual,

b. exercising choice,

c. benefiting from services and opportunities authorized

by law,

d. maintaining the rights of the older individual and, in

particular, of the older individual with reduced

capacity, and

e. resolving disputes.

B. In carrying out the provisions of this section, the Aging

Services Division shall:

1. Establish an Office of Elder Rights and Legal Assistance

Services Development as the focal point for leadership on elder

rights policy review, analysis, and advocacy at the state level,

including, but not limited to, such elder rights issues as

guardianship, age discrimination, pension and health benefits,

insurance, consumer protection, surrogate decision-making,

protective services, public benefits, and dispute resolution;

2. Designate a person to administer the program, who shall be

known as the State Legal Services Developer and who shall serve on a

full-time basis, and other personnel, sufficient to ensure:

a. leadership in securing and maintaining legal rights

for the older individual,

b. capacity for coordinating the provision of legal

assistance,

c. capacity to provide technical assistance, training and

other supportive functions to area agencies on aging,

legal assistance providers, ombudsmen, and other

persons as appropriate,

d. capacity to promote financial management services for

older individuals at risk of guardianship,

e. capacity to analyze, comment on, monitor, develop, and

promote federal, state, and local laws, rules and

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regulations, and other governmental policies and

actions that pertain to the issues listed in paragraph

1 of this subsection, and

f. capacity to provide such information as necessary to

public and private agencies, legislators, and other

persons regarding the issues listed in paragraph 1 of

this subsection;

3. Develop, in conjunction with area agencies on aging and

legal assistance providers, statewide standards for the delivery of

legal assistance to older individuals;

4. Provide technical assistance to area agencies on aging and

legal assistance providers to enhance and monitor the quality and

quantity of legal assistance to older individuals, including

technical assistance in developing plans for targeting services to

reach the older individual with greatest economic need and the older

individual with greatest social need, with particular attention to

low-income minority individuals;

5. Provide consultation to area aging agencies to ensure

coordination of their activities with:

a. the legal assistance initiatives provided under the

Older Americans Act,

b. services provided by the Legal Services Corporation,

and

c. services provided under other state or federal

programs, administered at the state and local level,

that address the legal assistance needs of older

individuals;

6. Provide for the education and training of professionals,

volunteers, and older individuals concerning elder rights, the

requirements and benefits of specific laws, and methods for

enhancing the coordination of services;

7. Promote and provide, as appropriate, education and training

for individuals who are or who might become guardians or

representative payees of older individuals, including information

on:
education and training of professionals,

volunteers, and older individuals concerning elder rights, the

requirements and benefits of specific laws, and methods for

enhancing the coordination of services;

7. Promote and provide, as appropriate, education and training

for individuals who are or who might become guardians or

representative payees of older individuals, including information

on:

a. the powers and duties of guardians or representative

payees, and

b. alternatives to guardianship;

8. Promote the development of, and provide technical assistance

concerning:

a. pro bono legal assistance programs,

b. state and local bar committees on aging,

c. legal hot lines,

d. alternative dispute resolution,

e. programs and curricula, and

f. other issues related to the rights and benefits of

older individuals;

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in law schools and other institutions of higher education, and

promote other methods to expand access by older individuals to legal

assistance and advocacy and vulnerable elder rights protection

activities;

9. Provide for periodic assessment of the status of elder

rights in Oklahoma, including analysis of:

a. (1) the unmet need for assistance in resolving legal

problems and benefits-related problems,

(2) methods for expanding advocacy services,

(3) the status of substitute decision-making systems

and services, including, but not limited to,

systems and services regarding guardianship,

representative payeeship, and advance directives,

(4) access to courts and the justice system, and

(5) the implementation of civil rights and age

discrimination laws in Oklahoma, and

b. problems and unmet needs identified in programs

established under the Older Americans Act; and

10. For the purpose of identifying vulnerable elder rights

protection activities provided by the entities under this act and

coordinating such activities with programs established under the

Older Americans Act, develop working agreements with:

a. state entities, including the state consumer

protection agency, the court system, the Attorney

General, the state agency responsible for equal

employment opportunity initiatives, and other state

agencies, and

b. federal entities, including the Social Security

Administration, the Health Care Financing

Administration, the Department of Veterans’ Affairs,

and other federal agencies.

C. As used in this section, the term “representative payee”

means the person who enters into a contractual relationship with the

United States Social Security Administration to receive a social

security recipient’s check and to disburse funds to meet the needs

of the recipient.