• Provide for uniform definitions of abandonment, abuse, exploitation, and neglect,
   

• Provide law enforcement agencies and Washington's Department of Social and Health Services ("DSHS") with the authority to investigate complaints of abandonment, abuse, exploitation, or neglect of vulnerable adults, and
   

• Provide protective services and legal remedies to protect these vulnerable adults.

Yes.  While many people believe that Washington's Vulnerable Adult statutes are limited to providing vulnerable adults with only the authority to complain of their abandonment, abuse, exploitation, or neglect to the State's Division of Adult Protective Services (a Division of DSHS) for it to investigate the complaint and take appropriate action, the statutes also provide Court procedures for vulnerable adults (or, if necessary, their representatives) to obtain relief directly from the Courts (ie, without any involvement with DSHS):

• 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.

Vulnerable adults without a guardianship who are relying on none, either, or both of a:

• Living Trust, or
   

• Power of Attorney.

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

A Vulnerable Adult includes a person who:

• 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)

Abandonment means "action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care."  RCW 74.34.020(1)  In other words, leaving a Vulnerable Adult without the ability to get necessary, food, clothing, shelter, or health care.  Example: A caregiver deserts the Vulnerable Adult in his/her own home or in public.

Abuse means "the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish." Abuse includes physical abuse (intentional infliction of injury or pain), mental abuse (intention infliction of mental or verbal abuse), sexual abuse (nonconsensual sexual contact), and exploitation of a vulnerable adult.  RCW 74.34.020(2)  Examples:

• 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.

Exploitation means "an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another."  RCW 74.34.020(2)(d)  In other words, exerting undue influence over or forcing a Vulnerable Adult to perform services for another's benefit, or wrongfully using a Vulnerable Adult's property or income for another's benefit.  Examples:

• 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.

Neglect means:

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.

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.

1.  The Vulnerable Adult him/herself, or

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?

The Order is obtained by filing a Petition for Order for Protection of Vulnerable Adult in Superior Court.  RCW 74.34.110(1)  The Petition must allege:

• 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)

No.  By itself, filing a Petition for Order of Protection will only get you a hearing before a Judge in two weeks.  If you need an Order RIGHT NOW, to stop any ongoing abandonment, abuse, financial exploitation, or neglect or threat of the same, you will need to obtain what is known as "temporary relief," specifically, a Temporary Restraining Order (a "TRO").  RCW 7.40.020  Fortunately, the Vulnerable Adult statutes provide the authority for your doing so in your Petition for Order of Protection.  RCW 74.34.120

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.

To obtain a TRO, you must state that "the commission or continuance [of some act] would produce great injury to the [Vulnerable Adult], ...."  RCW 7.40.020  Therefore, in the Motion for Temporary Restraining Order portion of your Petition for Order for Protection, you should state that the ongoing abandonment, abuse, financial exploitation, or neglect or the threat of the same, if allowed to continue unabated, "would produce great injury to the Vulnerable Adult."

1.  File the Petition & Motion at the Superior Court Clerk's Office.

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.

Petition for Order for Protection of Vulnerable Adult & Motion for Temporary Restraining Order form.

Declaration in Support of Petition for Order for Protection of Vulnerable Adult form.

Temporary Restraining Order, Order to Show Cause, & Notice of Hearing form.

Order for Protection of Vulnerable Adult form.

Return of Service form.

The Petition must be filed in the county:

• 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)

Currently (12/04) $110.  The Court may waive the filing fee for good cause.  RCW 74.34.110(7)  If you believe good cause exists for waiving the filing fee, your Petition for Order for Protection must state and show it.

No.  No Bond is required to be posted to obtain an Order for Protection.  RCW 74.34.110(5)  Regarding the TRO, although the general rule is that Bond is required to be posted to obtain a TRO, "The court in its sound discretion may waive the required bond in situations in which a person's health or life would be jeopardized."  RCW 7.40.080  Consequently, in order to avoid the necessity of posting a Bond, your Petition must state and show that the Vulnerable Adult's health or life would be jeopardized without the TRO.

At the initial hearing on your Petition, the Court is required to set a hearing on it for a date within fourteen days of its filing date.  RCW 74.34.120

By serving a copy of it personally on the Respondent.  Furthermore, because the TRO is also effectively a Notice of Hearing regarding your Petition, a copy of the TRO is required to be personally served on the Respondent no later than five days before the hearing on your Petition.  If personal service can't be made by then, you may ask the Court to, and it may, postpone the hearing to a later date.  RCW 74.34.120  Thereafter, you would need to have a copy of the TRO with the new hearing date personally served on the Respondent no later than five days before that new hearing date.

Service can be made, for example, either:

• 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.

If service is made informally, you will need to have the server complete and deliver to you a:

which you will file with the Court at the hearing on your Petition.

Attend the hearing on your Petition, make your case to the Court, and, if successful, obtain the Judge's signature on your Order for Protection of Vulnerable Adult.

Assuming that the Respondent did not attend the hearing, a copy of the Order for Protection is required to be personally served on the Respondent.  Follow the procedure shown in the boxes above, making sure that a Return of Service is filed with the Court, by either the server or you.

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.