{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-10-108","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-10-108","heading":"Petition for involuntary protective services","body":"A. 1. If the Department of Human Services determines, as a\n\nresult of its investigation or an investigation by the Office of\n\nClient Advocacy within the State Department of Health, that a\n\nvulnerable adult is suffering from abuse, neglect, self-neglect, or\n\nfinancial neglect or exploitation presenting a substantial risk of\n\ndeath or immediate and serious physical harm to the person or\n\nfinancial exploitation of the estate of the person, and the\n\nvulnerable adult lacks mental capacity to consent to receive\n\nprotective services and no consent can be obtained, the Department\n\nof Human Services may petition the district court in the county\n\nspecified by paragraph 3 of this subsection for an order:\n\na. authorizing involuntary protective services and\n\nappointing a temporary guardian of the person and/or\n\nthe estate,\n\nb. freezing the assets of the vulnerable adult, if the\n\nvulnerable adult is being exploited, establishing any\n\nnew accounts necessary to pay the daily living\n\nexpenses of the vulnerable adult, and directing a full\n\naccounting and investigation of the person alleged to\n\nbe improperly managing the estate of the vulnerable\n\nadult,\n\nc. suspending or revoking the powers of an attorney-in-\n\nfact granted by a durable power of attorney, or\n\nrevoking an irrevocable trust, or terminating a\n\nguardianship or conservatorship established pursuant\n\nto the Oklahoma Guardianship and Conservatorship Act,\n\nor\n\nd. directing any law enforcement agency to transport any\n\nincapacitated person or vulnerable adult as necessary\n\nfor appropriate care, treatment and residential\n\nplacement. If such transportation is ordered,\n\nreimbursement for expenses incurred from the\n\ntransportation of a vulnerable adult under the\n\nDepartment’s temporary guardianship shall be paid as\n\nprovided for in Section 10-107 of this title.\n\n2. Under no circumstances shall the court authorize the\n\nDepartment, pursuant to this subsection, to consent or deny consent\n\nto a Do-Not-Resuscitate order or the withdrawal of hydration or\n\nnutrition or other life-sustaining treatment although the court\n\nretains jurisdiction to hear such matters under applicable law.\n\n3. The district court which may be petitioned by the Department\n\nfor an order pursuant to paragraph 1 of this subsection is:\n\na. the district court in the county in which the\n\nvulnerable adult resides,\n\nb. the district court in the county in which the\n\nvulnerable adult is receiving inpatient services, or\n\nc. the district court in the county where the vulnerable\n\nadult is located when any delay caused by taking the\n\npetition to the district court in the county of the\n\nresidence of the vulnerable adult would result in\n\ngreater substantial risk of death or greater serious\n\nphysical harm to the vulnerable adult. The petition\n\nshall include an explanation of why the petition was\n\nfiled in the district court in the county specified by\n\nthis subparagraph rather than in the district court as\n\nspecified in subparagraph a or b of this paragraph.\n\nB. The petition shall be sworn to and include the name, age,\n\nand address of the vulnerable adult who the Department has\n\ndetermined is in need of emergency protective services, the nature\n\nof the abuse, neglect, or exploitation, the services needed, and\n\ninformation relating to the capacity of the person to consent to\n\nservices and a description of the attempts of the Department to\n\nobtain consent and the name of the person or organization proposed\n\nto be appointed as temporary guardian.\n\nC. 1. The vulnerable adult shall receive an opportunity for a\n\nhearing upon the petition, and shall be personally served with a\n\ncopy of the petition and a notice scheduling hearing at least forty-\n\neight (48) hours prior to any such hearing if the petition seeks\n\ntemporary guardianship of thirty (30) days or more.\n\n2. a. The hearing shall be set by the court on an expedited\ns temporary guardian.\n\nC. 1. The vulnerable adult shall receive an opportunity for a\n\nhearing upon the petition, and shall be personally served with a\n\ncopy of the petition and a notice scheduling hearing at least forty-\n\neight (48) hours prior to any such hearing if the petition seeks\n\ntemporary guardianship of thirty (30) days or more.\n\n2. a. The hearing shall be set by the court on an expedited\n\nbasis, but no later than five (5) calendar days, not\n\nincluding weekends or holidays when the court is\n\nclosed, from the date the notice scheduling hearing is\n\nsigned by the judge. The vulnerable adult shall have\n\na right to a closed hearing unless such vulnerable\n\nadult requests otherwise.\n\nb. Unless the vulnerable adult objects or the person\n\nrequiring notification pursuant to this subparagraph\n\nis alleged to have abused, neglected or exploited the\n\nvulnerable adult, the following persons shall be\n\nnotified of any hearing held pursuant to this\n\nsubsection:\n\n(1) the legal guardian, guardian ad litem and\n\ncaretaker of the vulnerable adult,\n\n(2) any person so requested by the vulnerable adult\n\nto be present at the hearing, and\n\n(3) persons required to be notified pursuant to\n\nSection 3-110 of Title 30 of the Oklahoma\n\nStatutes.\n\nD. 1. Upon sworn testimony of a representative of the\n\nDepartment, or statement of a district attorney representing the\n\nDepartment, that immediate and reasonably foreseeable death or\n\nserious physical harm to or financial exploitation of the vulnerable\n\nadult will result, the court may waive prior notice and issue a\n\nseventy-two-hour temporary guardianship and provide involuntary\n\nprotective services whether or not during regular courthouse\n\nbusiness hours. However, within twenty-four (24) hours of issuance\n\nof the seventy-two-hour order, the vulnerable adult and the attorney\n\nof the vulnerable adult, if known, shall be personally served with\n\nwritten notice scheduling a hearing within seventy-two (72) hours.\n\n2. If a hearing on the seventy-two-hour order is declined, or\n\nupon conclusion of any such hearing, the court may terminate the\n\ntemporary guardianship and involuntary services or enter a temporary\n\nguardianship for up to thirty (30) additional calendar days as\n\nprovided for in subsection G of this section.\n\nE. 1. The vulnerable adult has a right to be present and\n\nrepresented by counsel at any hearing authorized by this section.\n\nIf the vulnerable adult is indigent or, in the determination of the\n\ncourt, lacks capacity to waive the right to counsel, the court shall\n\nimmediately appoint counsel who shall personally meet with the\n\nvulnerable adult and attempt to discuss the petition or any pending\n\nmotion prior to any hearing.\n\n2. If the vulnerable adult is not in attendance at a scheduled\n\nhearing, the court shall make a special finding as to why the\n\nvulnerable adult is unable to attend, and, upon the request of the\n\nvulnerable adult or the attorney of the vulnerable adult, may\n\ncontinue the hearing to allow the vulnerable adult to attend.\n\n3. If the vulnerable adult is indigent, the cost of\n\nrepresentation by counsel shall be borne by court funds.\n\n4. If the vulnerable adult is not indigent, the court may order\n\ncosts of representation paid from the estate in the same manner as\n\ncurrently paid under the Oklahoma Guardianship and Conservatorship\n\nAct.\n\nF. 1. After a hearing on the petition, the court may:\n\na. appoint a temporary guardian and order involuntary\n\nprotective services including, but not limited to,\n\nauthorization for medical and/or psychological\n\ntreatment and evaluations, and residential placement\n\nsubject to the provisions of subsection G of this\n\nsection,\n\nb. issue an order freezing all assets of the vulnerable\n\nadult, establish any new accounts necessary to pay the\n\ndaily living expenses of the vulnerable adult, and\n\norder a full accounting and investigation of the\n\nperson alleged to be improperly managing the\ncal and/or psychological\n\ntreatment and evaluations, and residential placement\n\nsubject to the provisions of subsection G of this\n\nsection,\n\nb. issue an order freezing all assets of the vulnerable\n\nadult, establish any new accounts necessary to pay the\n\ndaily living expenses of the vulnerable adult, and\n\norder a full accounting and investigation of the\n\nperson alleged to be improperly managing the\n\nvulnerable adult’s estate,\n\nc. suspend or revoke powers of attorney or terminate a\n\nguardianship or conservatorship upon a finding that\n\nthe attorney-in-fact, guardian or conservator failed\n\nto act appropriately on behalf of the vulnerable\n\nadult, or\n\nd. order any law enforcement agency to transport any\n\nincapacitated person or vulnerable adult as necessary\n\nfor appropriate care, treatment and residential\n\nplacement. If such transportation is ordered,\n\nreimbursement for expenses incurred from the\n\ntransportation of a vulnerable adult under the\n\nDepartment’s temporary guardianship shall be paid as\n\nprovided for in Section 10-107 of this title.\n\n2. a. Except as otherwise provided by subparagraphs b and c\n\nof this paragraph, the court appointing a temporary\n\nguardian and ordering involuntary protective services\n\nshall not have authority to order the sale of the real\n\nproperty of the vulnerable adult.\n\nb. If the Department of Human Services has been appointed\n\ntemporary guardian and the court issues an order for\n\nthe Department to continue as the temporary guardian\n\nof the vulnerable adult beyond the one hundred eighty\n\n(180) calendar days authorized by this section because\n\nthere is no one willing and able to act as guardian\n\nfor the vulnerable adult, the Department, as temporary\n\nguardian may, after one (1) year from its initial\n\nappointment, sell the real property of a vulnerable\n\nadult pursuant to the provisions of the Oklahoma\n\nGuardianship and Conservatorship Act.\n\nc. The Department, as temporary guardian of a vulnerable\n\nadult, may also sell the real property of the\n\nvulnerable adult pursuant to the provisions of the\n\nOklahoma Guardianship and Conservatorship Act prior to\n\nthe one-year requirement specified in subparagraph b\n\nof this paragraph, if not selling the real property\n\nwould jeopardize the vulnerable adult’s eligibility\n\nfor Medicaid. The fact that the vulnerable adult\n\nwould be in jeopardy for receipt of Medicaid if the\n\nproperty was not sold shall be stated upon the court\n\norder directing the sale of the real property of the\n\nvulnerable adult.\n\nd. The court may issue an order authorizing the\n\nDepartment to sell personal property of a vulnerable\n\nadult when additional resources are required to pay\n\nfor necessary care for the vulnerable adult pursuant\n\nto state law.\n\nG. Whenever the court issues an order for involuntary\n\nprotective services, the court shall adhere to the following\n\nlimitations:\n\n1. Only such protective services as are necessary to remove the\n\nconditions creating the emergency shall be ordered, and the court\n\nshall specifically designate the approved services in the order of\n\nthe court. When the conditions creating the emergency have been\n\nremoved, the court shall dismiss the temporary guardianship ordered\n\npursuant to this section;\n\n2. The scope of service provided by the Department shall be\n\nlimited to protective services or the establishment of eligibility\n\nfor protective services for the person and estate. The Department\n\nshall request dismissal of the temporary guardianship ordered\n\npursuant to this section when:\n\na. an appropriate level of care for the vulnerable adult\n\nas determined by the Department has been established,\n\nb. assets have been secured, if applicable, and\n\nc. a representative payee or trustee has been set for\n\nfinancial management, if applicable;\n\n3. Protective services authorized by an involuntary protective\nuant to this section when:\n\na. an appropriate level of care for the vulnerable adult\n\nas determined by the Department has been established,\n\nb. assets have been secured, if applicable, and\n\nc. a representative payee or trustee has been set for\n\nfinancial management, if applicable;\n\n3. Protective services authorized by an involuntary protective\n\nservices order shall not include a change of residence unless the\n\ncourt specifically finds such action is necessary to remove the\n\nconditions creating the emergency and gives specific approval for\n\nsuch action in the order of the court. Emergency placement may be\n\nmade to such facilities as nursing homes, hospital rehabilitation\n\ncenters, assisted living centers, foster care and in-home\n\nplacements, or to other appropriate facilities for emergency care or\n\nevaluation to determine the extent of a vulnerable adult’s physical,\n\nmental and functional limitations; provided, however, emergency\n\nplacement shall not be made or construed as an alternative to\n\nemergency detention and protective custody as authorized under\n\nSection 5-206 et seq. of this title or made or construed as an\n\nalternative to involuntary commitment under Section 5-410 et seq. of\n\nthis title when a vulnerable adult otherwise meets the criteria for\n\ninvoluntary commitment. Services to such vulnerable adults shall be\n\nprovided in a manner that is appropriate for the adult’s age and\n\ncondition and, except for facilities operated by the Department of\n\nMental Health and Substance Abuse Services or community-based\n\nstructured crisis centers under contract with the Department\n\npursuant to Section 3-317 of this title, services provided to\n\nvulnerable adults pursuant to this section shall be provided in a\n\nsetting that is segregated from any patients or residents of a\n\nfacility who have been determined to be a danger to others; and\n\n4. Involuntary protective services may be provided for a period\n\nnot to exceed thirty (30) calendar days except as provided by\n\nsubsections L and M of this section.\n\nH. The court shall appoint the Department or an interested\n\nperson or organization as temporary guardian of the person with\n\nresponsibility for the welfare of such person and authority to give\n\nconsent on behalf of the person for the approved involuntary\n\nprotective services until the expiration of the order.\n\nI. The issuance of an order for involuntary protective services\n\nand the appointment of a temporary guardian shall not deprive the\n\nvulnerable adult of any rights except to the extent validly provided\n\nfor in the order or appointment.\n\nJ. 1. To enforce an order for involuntary protective services,\n\nthe court may authorize:\n\na. forcible entry of the premises of the vulnerable adult\n\nto be protected for the purpose of rendering\n\nprotective services but only after a reasonable\n\nshowing to the court that good faith attempts to gain\n\nvoluntary access to the premises have failed and\n\nforcible entry is necessary,\n\nb. the transporting of the vulnerable adult to another\n\nlocation for the provision of involuntary services,\n\nand\n\nc. the eviction of persons who are in a position to\n\nexploit the vulnerable adult from any property owned,\n\nleased, or rented by the vulnerable adult and\n\nrestriction of those persons’ further access to any\n\nproperty of the vulnerable adult.\n\n2. If forcible entry is authorized by the court, the order\n\nshall include a directive that the Department’s representative be\n\naccompanied by a police officer or deputy sheriff in the county\n\nwhere the vulnerable adult or property of the vulnerable adult is\n\nlocated, and the police officer or deputy sheriff shall make the\n\nforcible entry.\n\nK. The vulnerable adult, the temporary guardian, or any\n\ninterested person may petition the court to have the order to\n\nprovide involuntary protective services set aside or modified at any\n\ntime.\nd by a police officer or deputy sheriff in the county\n\nwhere the vulnerable adult or property of the vulnerable adult is\n\nlocated, and the police officer or deputy sheriff shall make the\n\nforcible entry.\n\nK. The vulnerable adult, the temporary guardian, or any\n\ninterested person may petition the court to have the order to\n\nprovide involuntary protective services set aside or modified at any\n\ntime.\n\nL. If the vulnerable adult continues to need involuntary\n\nprotective services after expiration of the thirty-day temporary\n\nguardianship provided in subsection G of this section, the temporary\n\nguardian shall immediately file a verified motion requesting the\n\ncourt to, except as otherwise provided by subsection F of this\n\nsection, continue the temporary guardianship and involuntary\n\nprotective services under this section for a period not to exceed\n\none hundred eighty (180) calendar days.\n\nM. 1. Service of the verified motion shall be made in\n\nconformity with subsection C of this section.\n\n2. Upon filing such motion, the court shall order that a\n\nphysical, mental, and social evaluation of the vulnerable adult be\n\nconducted by the Department and that a proposed plan of care be\n\nsubmitted to the court within thirty (30) calendar days thereafter\n\nreflecting the evaluation findings and recommended services.\n\n3. Upon filing such motion, the prior temporary guardianship\n\nshall remain in full force and effect pending a review hearing after\n\nthe thirty-day evaluation period. The caretaker, guardian or next-\n\nof-kin of the vulnerable adult may request that the evaluation\n\nperiod be shortened for good cause.\n\n4. The evaluation shall include at least the following\n\ninformation:\n\na. the address of the place where the person is residing\n\nand the person or agency which is providing care,\n\ntreatment, or services at present,\n\nb. a summary of the professional treatment and services\n\nprovided to the person by the Department or agency, if\n\nany, in connection with the problem creating the need\n\nfor emergency protective services, and\n\nc. a medical and social evaluation including, but not\n\nlimited to, the Department’s assessment of the\n\nperson’s capacity to consent to services, a\n\npsychological or psychiatric evaluation and review if\n\nthe mental state of the person is in question, and any\n\nrecommendations for or against maintenance of partial\n\nlegal rights. The evaluation and review shall include\n\nrecommendations for placement based upon the best\n\ninterests of the vulnerable adult taking into\n\nconsideration the following:\n\n(1) the least restrictive environment,\n\n(2) the desires of the vulnerable adult and legal\n\nguardian,\n\n(3) the desires of the caretaker of the vulnerable\n\nadult and of any of the persons specified in\n\nSection 3-110 of Title 30 of the Oklahoma\n\nStatutes,\n\n(4) the physical and mental health needs of the\n\nvulnerable adult,\n\n(5) the available programs and services, and\nto\n\nconsideration the following:\n\n(1) the least restrictive environment,\n\n(2) the desires of the vulnerable adult and legal\n\nguardian,\n\n(3) the desires of the caretaker of the vulnerable\n\nadult and of any of the persons specified in\n\nSection 3-110 of Title 30 of the Oklahoma\n\nStatutes,\n\n(4) the physical and mental health needs of the\n\nvulnerable adult,\n\n(5) the available programs and services, and\n\n(6) the health, well-being and welfare of the\n\nvulnerable adult and the public.\n\nDuring the hearing to consider the motion to continue the\n\ntemporary guardianship of the vulnerable adult for up to one hundred\n\neighty (180) calendar days, the court shall consider the\n\nDepartment’s findings and proposed plan of care and any other\n\nevidence presented by the caretaker, guardian or other interested\n\npersons. The court shall either terminate the temporary\n\nguardianship and all involuntary services or continue the temporary\n\nguardianship and specify any necessary services to be provided by\n\nthe Department for a period not to exceed one hundred eighty (180)\n\ncalendar days. Provided, the court may continue the guardianship of\n\nthe Department, if there is no one willing and able to act as\n\nguardian for the vulnerable adult.\n\nN. Neither the Department nor any of its employees or any other\n\npetitioner shall be liable for filing a petition pursuant to the\n\nProtective Services for Vulnerable Adults Act if the petition was\n\nfiled in good faith.","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":"bcbd23b51234810c3a500e083af30fea376d4271827c6c8abef4b83518a49be7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-10-107","next":"us-ok/okla.-stat.-tit.-43a-43a-10-109"},"notice":"GroundRules: Original legal text. Not legal advice."}