What can an elder exploitation investigation document?
Daniel documents what public records, lawful interviews and observation from public places show, and puts it in date order. Financial exploitation can leave traces in Oklahoma's public records.
| Source | What it can show |
|---|---|
| County clerk land records | Deeds and mortgages that change who owns a home or land |
| UCC filings | New liens and secured debts. Most UCC financing statements in Oklahoma are filed with the county clerk of Oklahoma County (12A O.S. § 1-9-501) |
| Court dockets and business filings | New lawsuits, judgments and business entities, and the people named in them |
| People | Background research on someone who has gained influence, and interviews with family, neighbors and friends who agree to talk |
| Papers the family already holds lawfully | Organized into a timeline |
Bank, brokerage and medical records are out of reach. Bank records come from your relative, or through court process that your attorney handles.
An unusual gift is not always exploitation. Daniel documents facts and does not take sides against the older adult.
Who asks for this work?
Adult children, siblings and grandchildren who see something change: a new friend gains control, or an elderly parent's property or accounts change hands. A caregiver is suspected of theft, or a power of attorney seems to be misused.
Elder law and probate attorneys who need the facts gathered and put in order. The attorney handles the legal steps. Daniel supplies the facts.
Background research is not offered to help a family decide whether to hire a caregiver.
What does Oklahoma law require, and what is lawful?
Oklahoma puts a duty to report on every person, and the law limits how the facts may be gathered.
Oklahoma law says "any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report". The report goes to the Department of Human Services or to local police or the sheriff. A person who reports in good faith has immunity from liability. 43A O.S. § 10-104
The duty covers family members, and it covers Daniel. A report the law requires is one of the limits on confidentiality.
In Oklahoma law, exploitation means using a vulnerable adult's resources unjustly for someone else's benefit through undue influence, coercion, deception or false pretense. A vulnerable adult is someone substantially impaired in caring for themselves or managing their money. 43A O.S. § 10-103
Abuse or exploitation of a vulnerable adult is a felony. So is exploiting a person 62 or older, or a disabled adult, by deception or intimidation, when it is done by someone in a position of trust or a business relationship. 21 O.S. §§ 843.3, 843.4
Whether a crime occurred is for prosecutors and courts. Daniel documents facts.
Getting someone's bank information through false statements is a federal crime, with a narrow exception for licensed investigators collecting court-ordered child support. Asking someone else to do it is prohibited too. 15 U.S.C. § 6821
Daniel does not obtain bank or phone records by pretext.
Oklahoma's Computer Crimes Act makes it a crime to access another person's computer, account or data without authorization, or to ask someone else to. 21 O.S. § 1953
Daniel does not log into another person's accounts.
Daniel does not enter a home or a facility without permission and does not record private conversations.
Nothing on this site is legal advice. Ask your attorney how the law applies to your situation.
What will the family receive?
- A written report of what was done and what was found, with dates and sources.
- A timeline of the transfers and filings that appear in the records, with the people and businesses they name.
- A table of property and liens, with record numbers and dates.
- Photographs with their dates and times, where field work was done.
- Daniel, available to testify about the work performed.
The report goes to you and, if you direct it, to your attorney. It can also be given to Adult Protective Services or the police.
What helps at the first conversation?
The first consultation is free. Work begins only after a written agreement is signed and a retainer is paid, as how it works explains. It helps to have:
- the older adult's name and county;
- what changed, and when;
- the names of caregivers or new contacts;
- any power of attorney or guardianship papers;
- any report numbers from Adult Protective Services or the police.
What it costs depends mostly on how many counties and records must be searched, and on whether field work is needed. All of it is set out in the written agreement before work begins. The cost guide explains each factor.
Who should you call first?
If an older adult is in danger, call 911. To report suspected abuse, neglect or exploitation of a vulnerable adult, call Oklahoma's Abuse and Neglect Hotline at 1-800-522-3511 or report online at OKHotline.org.
You can report before you hire anyone. Adult Protective Services reviews the report, tries to make contact and offers services once it has assessed the situation.
Daniel's work supports that report and never replaces Adult Protective Services or the police. Fuller Investigations is not an emergency service.