{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-10-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-10-107","heading":"Involuntary protective services","body":"A. If a vulnerable adult lacks the capacity to consent to\n\nreceive protective services recommended by the Department of Human\n\nServices, these services may be ordered by a court on an involuntary\n\nbasis through an emergency order.\n\nB. 1. In ordering emergency involuntary protective services\n\nfor a vulnerable adult, the court shall authorize only that\n\nintervention which it finds to be least restrictive of the liberty\n\nand rights of such person, while consistent with the welfare and\n\nsafety of the person. The basis for such finding shall be stated in\n\nthe record by the court.\n\n2. Whenever it is consistent with the welfare and safety of the\n\nperson, the court shall authorize that involuntary protective\n\nservices be administered to the vulnerable adult in the present\n\nliving accommodations of that person.\n\nC. 1. Payment for involuntary protective services provided to\n\na vulnerable adult determined by the court to be in need of\n\ninvoluntary protective services pursuant to this section or Section\n\n10-108 of this title shall be made:\n\na. from assets of the vulnerable adult receiving\n\nemergency involuntary protective services, if the\n\ncourt so orders after a showing by the Department that\n\nthe person has adequate assets to make such payment,\n\nand that payment for the involuntary protective\n\nservices will not cause the person to go without other\n\nnecessities of life. Prior to any hearing on the\n\nassets or issuance of an order pursuant to this\n\nsubparagraph, the legal guardian, caretaker and\n\nguardian ad litem of the vulnerable adult, any person\n\nso requested by the vulnerable adult and persons\n\nrequired to be notified pursuant to Section 3-110 of\n\nTitle 30 of the Oklahoma Statutes shall be notified of\n\nsuch hearing and order,\n\nb. from any private or public assistance programs for\n\nwhich the person is eligible, or\n\nc. as provided by paragraph 2 of subsection D of Section\n\n10-106 of this title if the person has inadequate\n\nassets to make such payments as ordered by the court,\n\nand no private or public funds are available to the\n\nperson, from a fund established by the Department for\n\nthe purpose of providing emergency adult protective\n\nservices, subject to availability of funds.\n\n2. The person has a right to be present and represented by\n\ncounsel at any hearing. If the vulnerable adult is indigent or, in\n\nthe determination of the court, lacks capacity to waive the right to\n\ncounsel, the court shall appoint counsel. If the person is\n\nindigent, the cost of representation by counsel shall be borne by\n\nthis state.\n\nD. Upon the request of an authorized representative of the\n\nDepartment, the district attorney of the county in which the person\n\nalleged or found by a court to be in need of involuntary protective\n\nservices resides shall provide legal representation for the\n\nDepartment in any local proceedings related to the provision of\n\ninvoluntary protective services pursuant to this section or Section\n\n10-108 of this title.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1da281324090a753a4e3fad7412267f7c0164aa774a409cdf37c243aee6a86ba","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-10-106","next":"us-ok/okla.-stat.-tit.-43a-43a-10-108"},"notice":"GroundRules: Original legal text. Not legal advice."}