Frequently Asked Questions about the Vulnerable Adult Statutes ---

• Injunctive relief (getting the Court to order somebody to do or not to do something),
  

• Restitution (getting to Court to order somebody to return your property to you), and
  

• Payment of your attorney's fees and costs to obtain such an Order.

• Living Trust, or
  

• Power of Attorney.

And Vulnerable Adults with a guardianship whose Guardian is abusive, exploitative, or neglectful.

• Is at least age 60 and lacks the functional, mental, or physical ability to care for him/herself (in other words, at least age 60 + eligible to qualify for a Guardianship); or
   

• Has a Guardian; or
   

• Has a developmental disability as defined under RCW 71A.10.020; or
   

• Is admitted to any facility, such as a boarding home, a nursing home, an adult family home, a soldier's home, a residential rehabilitation center, or other facility licensed by DSHS; or
   

• Is receiving services from home health, hospice, or home care agencies licensed or required to be licensed under RCW 70.127; or
   

• Is receiving services from a person under contract with DSHS as an individual provider; or
   

• Is living at home and receives services from a paid personal aide and self-directs the care (RCW 74.34.021).  RCW 74.34.020(13)

• Physical: Slapping, pinching, choking, kicking, shoving, inappropriate use of drugs or physical restraints, often resulting in the extreme in bruises, welts, burns, lacerations, broken bones, etc.  Injury, however, is not needed for there to be physical abuse.

• Mental: Intimidation, coercion, ridicule, harassment; treating an adult like a child; isolating an adult from family, friends, or regular activity; use of silence to control behavior; yelling or swearing resulting in mental distress.

• Sexual: Unwanted touching, rape, sodomy, coerced nudity, sexually explicit photography.

• Criminal examples: Assault, indecent liberties, etc.

• An adult living in the Vulnerable Adult's home without contributing to the household.

• A Vulnerable Adult with assets being "cultivated" by a new friend, relative, or caretaker.

• A Vulnerable Adult becoming excluded by another from long-time friends and family.

• A Vulnerable Adult's signing a new Power of Attorney or Will that favors a new friend, relative, or caretaker.

• A Vulnerable Adult's financial activity that is inconsistent with his/her abilities or prior behavior.

• A Vulnerable Adult's unexplained transfer of assets to a new friend, family member, or caretaker.

• A Vulnerable Adult's unusual movement of large amounts of money, change of banks, redirection of automatic deposits, sale or mortgage of assets, etc.

• A Vulnerable Adult's having suspicious banking, checking account, or credit card activity.

• A Vulnerable Adult's documents, checks, etc. suddenly having new and suspicious signatures.

• A Vulnerable Adult's property, such as checkbooks, credit cards, or financial documents, becoming missing.

• A Vulnerable Adult of comfortable means lacking the basic necessities of life.

• A Vulnerable Adult's utilities becoming disconnected.

• A Vulnerable Adult's mail becoming missing or redirected.

• A Vulnerable Adult's home becoming unkempt.

• Criminal examples: forgery, theft, etc.

1. A pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or
    

2. An act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.  RCW 74.34.020(9)

In other words, failing to provide sufficient care to avoid a Vulnerable Adult's physical harm and mental anguish.  Examples:

• Untreated or improperly attended medical conditions.

• Poor personal hygiene.

• Unsafe living conditions (eg, no heat).

• Unsanitary living quarters (eg, no toilet).

• Lack of appropriate clothing.

• Lack of necessary medical aids.

• Failure to take medications as prescribed.

• Criminal example: criminal mistreatment.

Common signs of a Vulnerable Adult's neglect:

• Dehydration.

• Malnutrition.

• Untreated bedsores.

• Lack of proper medication or medical treatment.

• Inadequate hygiene.

• Overgrown hair and nails.

• Unclean clothing and bedding.

Is it possible for a Guardian or an Agent under a Power of Attorney to abuse, exploit, or neglect the person for whom they are responsible?

Yes.  Just because someone is a Guardian or has a Power of Attorney does not mean that they can do what they want.  Fiduciaries, such as Guardians and Agents holding a Power of Attorney, are legally required to exercise their authority solely in the other's best interests.  If they don't, they are not only violating their duty but also may be committing a crime.

2.  "Where necessary":

• His/her family members;
   

• His/her Guardian,
   

• His/her legal fiduciary, for example:
   

  • A Trustee of any Living Trust of the Vulnerable Adult, or
     

  • An Agent (ie, Attorney-in-Fact) under any Power of Attorney of the Vulnerable Adult, or
     

• Any other person qualified under the Vulnerable Adult statutes.  RCW 74.34.210

Unfortunately, the statutes fail to define either "family members" or "legal fiduciary."  And note that the statute says "his/her family members" instead of "any member of his/her family."  These circumstances raise a number of questions that remain undetermined, such as:

• Do all the "family members" need to agree?  Is any single adult "family member" eligible alone?
  

• Does the term "family members" mean all those living with the vulnerable adult?  All blood relatives?  Any spouse and all adult children?
  

• Does a legal fiduciary remain eligible even though the scope of his/her express authority under, for example, a Living Trust or a Power of Attorney, fails to include the power to initiate legal actions on behalf of a beneficiary or the principal, respectively?

• That the Petitioner is a Vulnerable Adult (or is being filed on behalf of the Vulnerable Adult by an eligible representative and that such is necessary),
  

• That the Vulnerable Adult has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect by another (the "Respondent"), and
  

• The name of the Respondent(s).  RCW 74.34.110

An Affidavit (or Declaration under Penalty of Perjury) must accompany the Petition "stating the specific facts and circumstances [that] demonstrate the need for the relief sought."  RCW 74.34.110(3)

So, practically speaking, your Petition will include two requests of the Court:

• A Motion for Temporary Restraining Order, asking the Court to issue a TRO to you now, to stop the ongoing bad acts immediately, until your Petition is heard in two weeks, and
   

• The Petition for Order for Protection itself, asking the Court to issue an Order for Protection to you, at the hearing on your Petition in two weeks, to stop the ongoing bad acts for up to a year.

2.  Pay its filing fee unless you can get it waived.

3.  Take the Petition & Motion to an appropriate Courtroom.

4.  Appear before the Court.

5.  Have the Judge set a date for a hearing on the Petition.

6.  Have the Judge sign the Temporary Restraining Order, and upon returning home.

7.  Have a copy of the Temporary Restraining Order personally served on the Respondent.

• Where the Vulnerable Adult resides, or
  

• Of either the previous or new residence of the Vulnerable Adult if he/she has left his/her residence:

  • As a result of abandonment, abuse, financial exploitation, or neglect, or

  • In order to avoid abandonment, abuse, financial exploitation, or neglect.  RCW 74.34.110(6)

• Informally, by a friend or an acquaintance (but not by any party in the matter), or
  

• Formally, by a professional process server or law enforcement officer.

Process servers can be found in the telephone book, under "Process Servers," generally cost around $40-50, and, following service of process, will either return to you and file themselves with the Court a Return of Service, confirming that service was made.

Note: The vulnerable adult statutes expressly provide that upon the issuance of an Order for Protection, "... the Court may order a peace officer to assist in [its] execution [and service] ....."  RCW 74.34.140  Consequently, make sure your Order for Protection includes such an order unless you have made alternate plans for its service or the Respondent has appeared at the hearing.

LEGAL: About | Organizations | Publications | On-line Resources

Can't find the answer to your question here? Call the Arc of King County at: (206) 364-6337 or toll-free (in Washington only) 1-877-964-0600 8:30am - 4:30pm Monday - Friday You may also use the online form or e-mail connections@arcofkingcounty.org

To request the addition/correction of a resource listing, to have your event included in the Community Calendar or Recreation calendar, or for other questions:  e-mail Jeff Welch at jwelch@arcofkingcounty.org or phone (206) 349-6182 .

Listings in Community Connections and events on the Community Calendar come from a variety of host organizations and individuals.  For information about events, please contact the event sponsor.  The distribution of information  via Community Connections does not imply sponsorship or endorsement of any specific organization or event by The Arc of King County, the King County Developmental Disabilities Division, or affiliated entities.

---

Community Connections is made possible with support from the King County Developmental Disabilities Division and is hosted by The Arc of King County.