Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Oklahoma’s Protective Services for Vulnerable Adults Act provides reporting, investigative, and protective services for abused, neglected, or exploited vulnerable adults. The Act requires any person with reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation to make a report to either the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred or the local municipal police department or sheriff’s department as soon as the person is aware of the situation. The Act defines relevant terms as follows:
“Abuse” means causing or permitting:
(a) the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, mental anguish, or personal degradation, or
(b) the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult.
“Exploitation” or “exploit” means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense.
“Neglect” means:
(a) the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest
(b) the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing, or
(c) negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services.
“Vulnerable adult” means an individual who is an incapacitated person or who, because of physical or mental disability, including persons with Alzheimer’s disease or other dementias, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others.
Oklahoma considers any abuse, financial neglect, neglect, sexual abuse, or exploitation of a vulnerable adult by a caretaker to be a felony. Punishment may include fines, prison sentence, and/or registration on the Elder Abuse Registry.
Okla. Stat. tit. 43A, § 10-101 through Okla. Stat. tit. 43A, § 10-112
Okla. Stat. tit. 43A, § 10-103
Okla. Stat. tit. 21, § 843.4
Okla. Stat. tit. 21, § 843.41