Legend
A. In Oklahoma, “heinous and shocking abuse” is defined as aggravated physical abuse that causes serious bodily, mental, or emotional injury. “Serious bodily injury” is defined as injury that involves: A substantial risk of death, Extreme physical pain, and Protracted disfigurement.
B. Any person who has a responsibility to care for a vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes who purposely, knowingly or recklessly neglects the vulnerable adult shall be guilty of a felony. The person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the custody of the Department of Corrections for a term of not more than two (2) years, or both such fine and imprisonment.
C. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: a. stands in a position of trust and confidence with the elderly person or disabled adult, or b. has a business relationship with the elderly person or disabled adult, or
D. 2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
E. When application of a transfer of assets penalty would deprive the individual of medical care such that the individual’s health or life would be endangered or the applicant would be deprived of food, clothing, shelter, or other necessities of life. An example is when client is going to be evicted from the nursing home and the client is in great medical need to be in a nursing home.
An undue hardship does not exist if the individual willingly transferred assets for the purpose of qualifying for SoonerCare services through the use of the undue hardship exemption.
Request a hardship when it appears exploitation of the client caused the transfer of assets, and assessing a penalty period will deprive the individual of long term medical care services. Legal action must be pursued to return the transferred assets to the applicant before a hardship waiver decision can be granted. Pursuing legal action means an Adult Protective Services (APS) referral has been made to the district attorney’s office recommending prosecution of the perpetrator or a lawsuit has been filed and is being pursued against the perpetrator.
