{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-4-710","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-4-710","heading":"Transfer of real or personal property – Protective","body":"arrangements.\n\nA. If a ward is the owner of any real or personal property that\n\nis or may be deemed an available resource by the United States\n\nSocial Security Administration or by the applicable Medicaid rules\n\npromulgated by the Oklahoma Health Care Authority or other state\n\nagency, the guardian may petition the court for permission to\n\ntransfer or convey such property to a protective arrangement in\n\naccordance with this section.\n\n1. The guardian shall file a verified petition setting forth\n\nwhat specific property is or may be deemed a resource by the federal\n\nor state authority, including an affirmative statement that such\n\nresource will or may affect the ward's receipt of public benefits\n\nunless such resource is transferred to a protective arrangement. As\n\nused in this section, \"protective arrangement\" includes, but is not\n\nlimited to, any of the following transfers or conveyances of the\n\nward's resources:\n\na. to a first-party Medicaid payback trust, also known as\n\na d4A trust,\n\nb. to a pooled trust approved by the Oklahoma Department\n\nof Human Services, also known as a d4C trust,\n\nc. as permitted by the administrative rules promulgated\n\nby the Oklahoma Health Care Authority, such as to a\n\nspouse or qualified disabled child of the ward,\n\nd. to a sole benefit trust for the benefit of the spouse\n\nor qualified disabled child of the ward,\n\ne. to a sole benefit trust for any qualified disabled\n\nperson,\n\nf. to a qualified disabled child or caregiving child of\n\nthe ward who qualifies pursuant to administrative\n\nrules by providing caregiving services for the\n\nrequired period of time, or\n\ng. to a qualified Achieving a Better Life Experience\n\n(ABLE) account within or without the State of\n\nOklahoma.\n\n2. The court shall set the petition for a hearing not less than\n\nten (10) days nor more than thirty (30) days from the date of\n\nfiling.\n\na. Notice of the hearing shall be given to those persons\n\nentitled to notice of the guardian's annual report\n\npursuant to Section 4-307 of Title 30 of the Oklahoma\n\nStatutes. If the court has previously waived the\n\nfiling of the guardian's annual report, then notice\n\nshall be given to those persons entitled to notice\n\npursuant to Section 3-110 of Title 30 of the Oklahoma\n\nStatutes.\n\nb. If all persons entitled to notice have waived such\n\nnotice, no notice shall be given and the court shall\n\nproceed without delay to hear the petition.\n\nc. At the hearing, the court shall hear testimony\n\nregarding the public benefits that may be beneficial\n\nto the ward or others and if and how the transfer or\n\nconveyance of the ward's property to a protective\n\narrangement may allow the ward or others to receive\n\nsuch public benefits.\n\nB. If the court approves the petition and authorizes the\n\nguardian to transfer or convey the ward's property that is or may be\n\ndeemed an available resource to a protective arrangement, such\n\ntransfer or conveyance shall not be considered a sale of the\n\nproperty and shall not be subject to the provisions of Sections 4-\n\n751 through 4-770 of Title 30 of the Oklahoma Statutes. Sections\n\n380 through 512 of Title 58 of the Oklahoma Statutes shall not apply\n\nto any transfer or conveyance of the ward's assets to a protective\n\narrangement pursuant to this section.\n\nC. If a bond was previously required by the court, the court\n\nmay continue the bond to include assets transferred or conveyed to a\n\nprotective arrangement, require a new bond in a lesser amount due to\n\nthe transfer of some or all of the ward's resources or waive the\n\nrequirement of a bond on the value of the transferred assets.\n\nD. For the purposes of this section, a protective arrangement\n\nshall not create, expand or otherwise modify any state or federally\n\nauthorized rules regarding exemption or transfer of assets or\n\nresources for determination of Medicaid or Social Security\ner amount due to\n\nthe transfer of some or all of the ward's resources or waive the\n\nrequirement of a bond on the value of the transferred assets.\n\nD. For the purposes of this section, a protective arrangement\n\nshall not create, expand or otherwise modify any state or federally\n\nauthorized rules regarding exemption or transfer of assets or\n\nresources for determination of Medicaid or Social Security\n\neligibility. Nor shall a court's order authorizing a protective\n\narrangement have any effect or impact on the protective\n\narrangement's consideration in the actual Medicaid eligibility\n\ndetermination decision by the Oklahoma Department of Human Services,\n\nOklahoma Health Care Authority or other appropriate determining\n\nagency. The primary purpose of this section is to authorize a\n\nguardian to pursue on behalf of his or her ward those same steps\n\nthat any legally competent person could pursue to apply for or\n\nretain Medicaid or Social Security benefits.\n\nE. This section shall not infringe upon or void an existing\n\nhomestead lien of record that has been filed by the Oklahoma Health\n\nCare Authority pursuant to Section 5051.3 of Title 63 of the\n\nOklahoma Statutes.","path":["OK Code","Title 30"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os30.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bfc000671516d6891ab8dcf39a071520b4734a35b3e3513c18e5b8068656051d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-4-709","next":"us-ok/okla.-stat.-tit.-30-30-4-751"},"notice":"GroundRules: Original legal text. Not legal advice."}