Protecting Elders and Vulnerable Adults from Abuse and Neglect
by: Northwest Justice Project
Whom does the law protect from elder
or vulnerable adult abuse and/or neglect?
The Vulnerable Adult Protection Act is a law designed to
protect persons defined as "vulnerable adults." Vulnerable adults
include persons who:
-
Are 60 years of age or older who have the functional,
mental, or physical inability to care for themselves; or
-
Have a court-appointed guardian; or
-
Have a developmental disability; or
-
Are residents of nursing homes, adult family homes,
boarding homes, or any other facility; or
-
Receive services from home health, hospice, or home care
agencies; or
-
Receive services from an individual care provider or a
personal aide.
The Vulnerable Adult Protection Act can be found in the
Revised Code of Washington, RCW 74.34,
available at your local
library or on the internet.
What is elder/vulnerable adult abuse
and neglect?
Abuse
Abuse means willful or non-accidental action or inaction
which harms a vulnerable adult. The harm can include physical or
mental injury, unreasonable confinement, intimidation, or punishment.
Abuse includes sexual abuse, mental abuse, physical abuse, and
exploitation of a vulnerable adult.
Neglect
Neglect means a pattern of action or inaction by a person or
agency with a duty to care for a vulnerable adult which results in the
vulnerable adult being deprived of care necessary to maintain his/her
physical or mental health.
Exploitation
Exploitation means the illegal or improper use of a
vulnerable adult or that person's income or resources, including trust
funds or bank accounts, for another person's profit or advantage.
Abandonment
Abandonment means action or inaction by a person or agency
with a duty to care for a vulnerable adult that leaves the vulnerable
adult without the means or ability to obtain needed food, clothing,
shelter, or health care.
What is self-neglect?
"Self-neglect" means the failure of a vulnerable adult, not
living in a care facility, to provide for him or herself the goods
and services necessary for the vulnerable adult's physical or mental
health, and the absence of which impairs or threatens the vulnerable
adult's well-being.
Who can I call if I suspect that an
elder or vulnerable adult is being abused or neglected?
You may
report that information to Adult Protective Services (APS), located in
your local Department of Social and Health Services (DSHS)
office. Or, call the statewide hotline at 1-866-363-4276
(1-866-End-Harm).
Who has to report abuse?
The law requires the following people to report
suspected
abuse of a vulnerable adult.
- police
officers;
- social workers;
- social service, welfare, mental, or health
agency workers;
- employees of long term care facilities (including
nursing homes, adult family homes, boarding homes, adult residential
care facilities, and others);
- doctors; nurses; nurse's aides and
personal care aides;
- psychologists;
- and pharmacists.
By law,
these people must immediately report to APS any time
they have reasonable cause to believe that a vulnerable adult has
suffered abuse, neglect, abandonment, or exploitation. In some
cases they must also immediately report the incident to the police.
What information does APS want?
APS needs to know:
- the vulnerable adult's name and address;
- the
nature and extent of the suspected abuse, neglect, exploitation, or
abandonment;
- the name and address of the person making the report;
- and
any other helpful information.
Unless there is a court action or
the reporting person consents, the identity of the person who contacts
APS is confidential. A person making a report or testifying in
good faith will not be liable for any damages resulting from the report
or testimony.
What does APS have to do once
abuse or neglect of a vulnerable adult is reported?
APS must respond to every report. APS investigates
allegations of abandonment, abuse, financial exploitation, neglect, or
self-neglect. If APS finds that the reported problem has
occurred, it must offer appropriate information and protective services
to the vulnerable adult. APS may coordinate with other social
services and law enforcement to provide for and protect the
adult. APS must also inform the adult of his or her right to
refuse the services. If APS decides that the adult is not
competent to consent to or refuse services, APS may start court
proceedings to have a guardian appointed.
What about a court order protecting
the vulnerable adult?
The vulnerable adult, or any interested person on the adult's
behalf, may file an action for a "Vulnerable Adult Protection
Order." The action is filed in the Superior Court of the county
where the vulnerable adult lives. The forms and instructions are
available on the internet at:
http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=70
If you do not have internet access, ask your court clerk
where you can get copies of the forms and instruction. The forms
and instructions for a vulnerable adult protection action are to be
provided at no charge. You may also ask the court clerk whether
your county has a courthouse facilitator who can help fill out the
forms. There is no filing fee for a vulnerable adult protection
action.
After the petition is filed, the vulnerable adult will have
temporary protection for up to 14 days, until there is a hearing.
If the abuser cannot be served personally with notice of the hearing in
time, the 14 days can be extended by the judge. At the hearing,
the parties may testify and submit relevant evidence. The judge
will decide whether the order should be continued, changed, or
dismissed. The order can be issued for up to 5 years.
The protection order can do the following:
-
restrain the abuser from abusing or exploiting the
vulnerable adult
-
keep the abuser out of the vulnerable adult's residence
-
prohibit the abuser from contacting the vulnerable adult
-
require an accounting by the abuser of the use of the
vulnerable adult's income, property, or other resources
-
restrain any transfer of property for up to 90 days
-
require the abuser to pay the filing fee, court costs, service
fees, and other costs incurred in bringing the action - including a
reasonable attorney's fee.
What if the abuser has power of
attorney for the vulnerable adult?
If the abuser has power of attorney for the vulnerable adult,
that power should be revoked as soon as possible. To revoke a
power of attorney, contact a lawyer or you can find the do-it-yourself
packet Questions
and Answers on Powers of Attorney at www.washingtonlawhelp.org.
The packet includes forms and instructions for revoking a power of
attorney, as well as how to make a new power of attorney if
desired. If the abuser's power of attorney included the power to
sell real estate, be sure to have the revocation notarized and recorded
at the county recording office in every county where the vulnerable
adult owns real estate. The revocation typically becomes
effective when it is delivered to the person holding the power of
attorney. A power of attorney should be revoked even if the court
awarded a protection order. Similarly, the vulnerable adult
should attempt to take the abuser's name off of any jointly held
accounts owned by the vulnerable adult. This can usually be done
by closing the account and opening a new one in the vulnerable adult's
name only.
What about suing the abuser for
damages?
In addition to getting a protection order, the vulnerable
adult can sue the abuser for civil damages. The vulnerable
adult can seek damages for injuries, pain and suffering, for the return
of money or property, and for the loss of money or property. Law
enforcement may also pursue criminal charges against the abuser.
9920EN
This
publication provides general information concerning your rights and
responsibilities. It is not intended as a substitute for specific legal
advice.
This information is current as of the date of its printing, February
2012.
© 2012 Northwest Justice Project. 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for
Equal Justice and individuals for non-commercial use only.)
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