{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-14-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-14-104","heading":"Venue — Damages — Attorney fees — Access to records","body":"A. A claim for elder neglect, exploitation, or abuse, as\n\nprescribed in this section, may be brought in any district court\n\nwithin the county in the State of Oklahoma in which the vulnerable\n\nadult lives or maintains his or her residence or was living at the\n\ntime of the act or omission giving rise to the claim.\n\nB. A person who commits neglect or financial neglect against a\n\nvulnerable adult, proven by a preponderance of the evidence, shall\n\nbe liable for actual damages in an amount that compensates the\n\nvulnerable adult for the loss he or she has incurred as a result\n\nthereof and shall be liable for punitive damages as Oklahoma law\n\notherwise allows.\n\nC. A person who commits exploitation or abuse of a vulnerable\n\nadult, proven by a preponderance of the evidence, shall be liable\n\nfor damages three times the actual damages incurred by the\n\nvulnerable adult as a result thereof and shall be liable for\n\npunitive damages as Oklahoma law otherwise allows.\n\nD. The prevailing party in the claims prescribed in subsections\n\nB and C of this section shall be entitled to recover reasonable\n\nattorney fees and costs.\n\nE. The claims prescribed in this section shall follow and\n\notherwise be subject to the general laws governing civil claims\n\nunder Oklahoma law, including, without limitation, the provisions\n\nfound in Titles 12 and 23 of the Oklahoma Statutes.\n\nF. The claims provided for by this section may be brought by\n\nthe vulnerable adult or on behalf of the vulnerable adult by his or\n\nher guardian, limited guardian, conservator, agent under an\n\nappropriate power of attorney, duly appointed representative of the\n\nestate of the vulnerable adult, if deceased, or other legal\n\nrepresentative approved by the court.\n\nG. In addition to any other documents or records to which the\n\nvulnerable adult or his or her legal representative may be entitled\n\nin pursuit of the claim or claims prescribed in this section, the\n\ncourt may authorize or direct the vulnerable adult and his or her\n\nlegal representative access to and copies of financial, legal,\n\nmental health, and physical health records of the vulnerable adult\n\nin the possession of any physician, hospital, other health care\n\nprovider, firm, financial institution, lawyer, accountant,\n\ncounselor, broker, caregiver, corporation, other business entity, or\n\nother facility or party. These records, upon order of the court,\n\nshall be produced within ten (10) days, unless the court orders a\n\nshorter time, and the records shall not be disclosed for any purpose\n\nother than the purpose for which they have been obtained.\n\nH. The claims provided for in this section survive the death of\n\nthe vulnerable adult.","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":"d615126c80e0b4796bf24c7a8c8902ee206b28f1e23a2ac0980bfc7692f4231d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-14-103","next":"us-ok/okla.-stat.-tit.-43a-43a-14-105"},"notice":"GroundRules: Original legal text. Not legal advice."}
