Okla. Stat. tit. 43A, § 43A-10-107: Involuntary protective services

A. If a vulnerable adult lacks the capacity to consent to

receive protective services recommended by the Department of Human

Services, these services may be ordered by a court on an involuntary

basis through an emergency order.

B. 1. In ordering emergency involuntary protective services

for a vulnerable adult, the court shall authorize only that

intervention which it finds to be least restrictive of the liberty

and rights of such person, while consistent with the welfare and

safety of the person. The basis for such finding shall be stated in

the record by the court.

2. Whenever it is consistent with the welfare and safety of the

person, the court shall authorize that involuntary protective

services be administered to the vulnerable adult in the present

living accommodations of that person.

C. 1. Payment for involuntary protective services provided to

a vulnerable adult determined by the court to be in need of

involuntary protective services pursuant to this section or Section

10-108 of this title shall be made:

a. from assets of the vulnerable adult receiving

emergency involuntary protective services, if the

court so orders after a showing by the Department that

the person has adequate assets to make such payment,

and that payment for the involuntary protective

services will not cause the person to go without other

necessities of life. Prior to any hearing on the

assets or issuance of an order pursuant to this

subparagraph, the legal guardian, caretaker and

guardian ad litem of the vulnerable adult, any person

so requested by the vulnerable adult and persons

required to be notified pursuant to Section 3-110 of

Title 30 of the Oklahoma Statutes shall be notified of

such hearing and order,

b. from any private or public assistance programs for

which the person is eligible, or

c. as provided by paragraph 2 of subsection D of Section

10-106 of this title if the person has inadequate

assets to make such payments as ordered by the court,

and no private or public funds are available to the

person, from a fund established by the Department for

the purpose of providing emergency adult protective

services, subject to availability of funds.

2. The person has a right to be present and represented by

counsel at any hearing. If the vulnerable adult is indigent or, in

the determination of the court, lacks capacity to waive the right to

counsel, the court shall appoint counsel. If the person is

indigent, the cost of representation by counsel shall be borne by

this state.

D. Upon the request of an authorized representative of the

Department, the district attorney of the county in which the person

alleged or found by a court to be in need of involuntary protective

services resides shall provide legal representation for the

Department in any local proceedings related to the provision of

involuntary protective services pursuant to this section or Section

10-108 of this title.