§43A-10-108.

§43A-10-108.
   
   A. If the Department of Human Services determines that a vulnerable
   adult is suffering from abuse, neglect, or exploitation presenting a
   substantial risk of death, or immediate and serious physical harm to
   the person or the estate of the person to the extent that an emergency
   exists, and the vulnerable adult lacks mental capacity to consent to
   receive protective services and no consent can be obtained, the
   Department may petition the district court in the county in which such
   person resides, or in the district court in the county where any of
   the protective services are to be provided, for an order:
   
   1. Authorizing involuntary protective services and appointing a
   temporary guardian;
   
   2. Freezing the assets of the vulnerable adult if the vulnerable adult
   is being exploited and directing a full accounting and investigation
   of the person alleged to be improperly managing the estate of the
   vulnerable adult; or
   
   3. Revoking the powers of an attorney-in-fact.
   
   B. The petition shall be sworn to and include the name, age, and
   address of the vulnerable adult who the Department has determined is
   in need of emergency protective services, the nature of the abuse,
   neglect, or exploitation, the services needed, and information
   relating to the capacity of the person to consent to services and the
   attempts of the Department to obtain consent and the name of the
   person or organization proposed to be appointed as temporary guardian.
   
   C. 1. The vulnerable adult shall receive an opportunity for a hearing
   upon the petition, and shall be personally served with a copy of the
   petition and a notice scheduling hearing at least forty-eight (48)
   hours prior to any such hearing.
   
   2. a. The hearing shall be set by the court on an expedited basis, but
   no later than five (5) calendar days from the date the notice
   scheduling hearing is signed by the judge. The vulnerable adult shall
   have a right to a closed hearing unless such vulnerable adult requests
   otherwise.
   
   b. Unless the vulnerable adult objects or the person requiring
   notification pursuant to this subparagraph is alleged to have abused,
   neglected or exploited the vulnerable adult, the following persons
   shall be notified of any hearing held pursuant to this subsection:
   
   (1) the legal guardian, guardian ad litem and caretaker of the
   vulnerable adult,
   
   (2) any person so requested by the vulnerable adult to be present at
   the hearing, and
   
   (3) persons required to be notified pursuant to Section 3-110 of Title
   30 of the Oklahoma Statutes.
   
   c. Under no circumstances shall the court authorize the Department to
   consent or deny consent to a Do-Not-Resuscitate order or the
   withdrawal of hydration or nutrition or other life-sustaining
   treatment although the court retains jurisdiction to hear such matters
   under applicable law.
   
   (1) Upon sworn testimony of a representative of the Department or law
   enforcement officer, or statement of a district attorney, that
   immediate and reasonably foreseeable death or serious physical harm to
   the vulnerable adult will result, the court may waive prior notice and
   enter a seventy-two-hour order whether or not during regular
   courthouse business hours. However, on the date of issuance of the
   seventy-two-hour order, the vulnerable adult and the attorney of the
   vulnerable adult, if known, shall be personally served with written
   notice scheduling a hearing within seventy-two (72) hours.
   
   (2) If a hearing on the seventy-two-hour order is declined, or upon
   conclusion of any such hearing, the court may terminate the temporary
   guardianship and involuntary services or enter a temporary thirty-day
   order as provided for in paragraph 2 of subsection D of this section.
   
   3. a. The vulnerable adult has a right to be present and represented
   by counsel at any hearing authorized by this subsection. If the
   vulnerable adult is indigent or, in the determination of the court,
   lacks capacity to waive the right to counsel, the court shall
   immediately appoint counsel who shall personally contact the
   vulnerable adult prior to any hearing.
   
   b. If the vulnerable adult is not in attendance, the court shall make
   a special finding as to why the vulnerable adult is unable to attend,
   and, upon the request of the vulnerable adult or attorney, may
   continue the hearing to allow the vulnerable adult to attend.
   
   c. (1) If the vulnerable adult is indigent, the cost of representation
   by counsel shall be borne by court funds.
   
   (2) If the vulnerable adult is not indigent, the court may order costs
   of representation paid from the estate in the same manner as currently
   paid under the Oklahoma Guardianship and Conservatorship Act.
   
   D. 1. After a hearing on the petition, the court may:
   
   a. issue an order for involuntary protective services and appoint a
   temporary guardian,
   
   b. issue an order freezing all assets of the vulnerable adult and
   order a full accounting and investigation of the person alleged to be
   improperly managing the vulnerable adult's estate, or
   
   c. revoke powers of attorney upon a finding that the attorney-in-fact
   failed to act appropriately on behalf of the vulnerable adult.
   
   2. Whenever the court issues an order for involuntary protective
   services, the court shall adhere to the following limitations:
   
   a. only such protective services as are necessary to remove the
   conditions creating the emergency shall be ordered, and the court
   shall specifically designate the approved services in the order of the
   court,
   
   b. protective services authorized by an involuntary protective
   services order shall not include a change of residence unless the
   court specifically finds such action is necessary to remove the
   conditions creating the emergency and gives specific approval for such
   action in the order of the court. Emergency placement may be made to
   such facilities as nursing homes, personal medical institutions,
   foster care services and other home placements, or to other
   appropriate facilities; provided, however, emergency placement shall
   not be made to facilities for the acutely mentally ill,
   
   c. involuntary protective services may be provided for a period not to
   exceed thirty (30) calendar days, and
   
   d. in the court order, the court shall appoint the Department or an
   interested person or organization as temporary guardian of the person
   with responsibility for the welfare of such person and authority to
   give consent on behalf of the person for the approved protective
   services until the expiration of the order for involuntary protective
   services.
   
   3. The issuance of an order for involuntary protective services and
   the appointment of a temporary guardian shall not deprive the
   vulnerable adult of any rights except to the extent validly provided
   for in the order or appointment.
   
   4. To implement an order for involuntary protective services, the
   court may authorize forcible entry of the premises of the vulnerable
   adult to be protected for the purpose of rendering protective services
   or transporting the person to another location for the provision of
   such services only after a showing to the court that attempts to gain
   voluntary access to the premises have failed and forcible entry is
   necessary. Persons making authorized forcible entry shall be
   accompanied by a peace officer.
   
   E. The vulnerable adult, the temporary guardian, or any interested
   person may petition the court to have the emergency order set aside or
   modified at any time.
   
   F. 1. If the vulnerable adult continues to need involuntary protective
   services after the thirty-day order provided in paragraph 2 of
   subsection D of this section has expired, the temporary guardian shall
   immediately file a verified motion requesting the court to order
   either or both of the following:
   
   a. appointment of a guardian as provided by Title 30 of the Oklahoma
   Statutes, or
   
   b. application for commitment of the vulnerable adult to a nursing
   home, personal medical institution, foster care service or other home
   placement, or to some other appropriate facility other than a facility
   for the acutely mentally ill, for a period not to exceed six (6)
   months.
   
   2. Service of the verified motion shall be made in conformity with
   subsection C of this section. Upon filing such motion, the court shall
   order that a physical, mental, and social evaluation of the vulnerable
   adult be conducted by the Department and that a report and plan of
   care be submitted to the court within thirty (30) days thereafter
   reflecting the evaluation findings and recommended services. The prior
   temporary order shall remain in effect pending the scheduling of a
   review hearing at the end of the thirty-day evaluation period. The
   evaluation shall include at least the following information:
   
   a. the address of the place where the person is residing and the
   person or agency which is providing care, treatment, or services at
   present,
   
   b. a summary of the professional treatment and services provided to
   the person by the Department or agency, if any, in connection with the
   problem creating the need for emergency protective services, and
   
   c. a medical and social evaluation, including, but not limited to, the
   Department's assessment of the person's capacity to consent to
   services, a psychological or psychiatric evaluation and review if the
   mental state of the person is in question, and any recommendations for
   or against maintenance of partial legal rights. The evaluation and
   review shall include recommendations for placement based upon the best
   interests of the vulnerable adult taking into consideration the
   following:
   
   (1) the least restrictive environment,
   
   (2) the desires of the vulnerable adult and legal guardian,
   
   (3) the desires of the caretaker of the vulnerable adult,
   
   (4) the physical and mental health needs of the vulnerable adult,
   
   (5) the available programs and services, and
   
   (6) the health, well-being and welfare of the vulnerable adult and the
   public.
   
   3. At the conclusion of the hearing, the court shall either terminate
   the temporary guardianship and all involuntary services or continue
   the temporary guardianship and specify any necessary services to be
   provided by the Department for a period not to exceed six (6) months.
   
   G. The petitioner shall not be liable for filing the petition if the
   petition was filed in good faith.