A. A claim for elder neglect, exploitation, or abuse, as prescribed in this section, may be brought in any district court within the county in the State of Oklahoma in which the vulnerable adult lives or maintains his or her residence or was living at the time of the act or omission giving rise to the claim. B. A person who commits neglect or financial neglect against a vulnerable adult, proven by a preponderance of the evidence, shall be liable for actual damages in an amount that compensates the vulnerable adult for the loss he or she has incurred as a result thereof and shall be liable for punitive damages as Oklahoma law otherwise allows. C. A person who commits exploitation or abuse of a vulnerable adult, proven by a preponderance of the evidence, shall be liable for damages three times the actual damages incurred by the vulnerable adult as a result thereof and shall be liable for punitive damages as Oklahoma law otherwise allows. D. The prevailing party in the claims prescribed in subsections B and C of this section shall be entitled to recover reasonable attorney fees and costs. E. The claims prescribed in this section shall follow and otherwise be subject to the general laws governing civil claims under Oklahoma law, including, without limitation, the provisions found in Titles 12 and 23 of the Oklahoma Statutes. F. The claims provided for by this section may be brought by the vulnerable adult or on behalf of the vulnerable adult by his or her guardian, limited guardian, conservator, agent under an appropriate power of attorney, duly appointed representative of the estate of the vulnerable adult, if deceased, or other legal representative approved by the court. G. In addition to any other documents or records to which the vulnerable adult or his or her legal representative may be entitled in pursuit of the claim or claims prescribed in this section, the court may authorize or direct the vulnerable adult and his or her legal representative access to and copies of financial, legal, mental health, and physical health records of the vulnerable adult in the possession of any physician, hospital, other health care provider, firm, financial institution, lawyer, accountant, counselor, broker, caregiver, corporation, other business entity, or other facility or party. These records, upon order of the court, shall be produced within ten (10) days, unless the court orders a shorter time, and the records shall not be disclosed for any purpose other than the purpose for which they have been obtained. H. The claims provided for in this section survive the death of the vulnerable adult.
‹ Prev All Oklahoma sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.