The elderly can be extremely vulnerable targets for financial and physical abuse. In fact, incidents of elder abuse have risen sharply across the state. For example, in 2017, DSHS had to conduct 10,713 investigations related to financial exploitation. This was nearly double the number of investigations conducted in 2012. http://www.islandssounder.com/news/adult-abuse-continues-to-spike-in-washington-state/. Therefore, it is very important that the elderly know their rights so they can prevent people from taking advantage of them.
Luckily, the Washington State legislature revised and enacted the Vulnerable Protection Act on July 7, 2007. Under this Act, a vulnerable adult, or interested person on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, by filing a petition for a Vulnerable Adult Protection Order in the appropriate superior court. RCW 74.34.110.
Washington State’s Vulnerable Protection Act applies to people who: (1) are 60 or older who are functionally, mentally, or physically unable to care for themselves; (2) have a court appointed guardian; (3) have a developmental disability; (4) live in a nursing home; (5) get services from home health, hospice, or home care agencies; or (6) get services from an individual care provider or personal aide. RCW 74.34.020.
In order for a petitioner to succeed in obtaining a Vulnerable Adult Protection Order, they must show that the adult is being subjected to either abuse or neglect. Under RCW 74.43.020, “abuse” is defined as the willful or non-accidental action or inaction that harms a vulnerable adult. In addition, “neglect” is when a person or agency with a duty to care for a vulnerable adult acts (or fails to act) in a way that prevents the vulnerable adult from seeking the necessary care for their physical or mental health.
The main benefit of seeking a Vulnerable Adult Protection Order is that it protects the vulnerable adult in a variety of ways. Because of all the protections this Order provides, it is often unnecessary to obtain other types of protection orders such as no-contact orders. Therefore, a Vulnerable Adult Protection Order is an efficient and affordable way for a vulnerable adult to receive protection. More specifically, the protection order can: (1) keep the abuser from abusing the vulnerable adult; (2) prohibit the abuser from entering the adult’s home; (3) prevent the abuser from contacting the adult; (4) require the abuser to provide an accounting of the adult’s income, property, and other resources; (5) stop the abuser from transferring the adult’s property for up to 90 days; or (6) order the abuser to pay for the costs associated with bringing the action in the first place. RCW 74.34.130. After the petitioner files the petition, the vulnerable adult will receive a temporary protection order for fourteen days, until there is a hearing. At the hearing, the judge can issue the order for up to five years. RCW 74.34.130. Therefore, this type of protection order provides a quick and easy way of seeking immediate relief.
In conclusion, elder abuse is on the rise in Washington State, and it is very important for the elderly to protect themselves by knowing their rights. Often, the elderly are vulnerable because their perpetrators are close family members who have easy access to them and their finances. Therefore, in order to get immediate relief, the vulnerable adult or an interested party should obtain a Vulnerable Adult Protection Order as soon as it becomes apparent that someone is abusing or neglecting the vulnerable adult.
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