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Washington
has several laws that can be used to protect vulnerable adults.
Thompson & Howle attorneys have extensive experience using these
laws to help vulnerable adults.
Vulnerable Adult Protection Orders. A
vulnerable adult may seek protection
from actual or threatened abuse, financial exploitation, or
neglect, by filing a petition for an order for protection in
superior court. Vulnerable Adult Protection Orders are enforced
by the police. Violation of a Vulnerable Adult Protection Order
is a criminal offense.
A vulnerable adult is anyone
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over
the age of 60 who has the functional, mental, or physical
inability to care for himself or herself, or
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who is
subject to a guardianship, or
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who is
developmentally disabled, or
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who
receives nursing home care or other types of personal care
defined by the statute.
A Vulnerable
Adult Protection Order petition may be brought by:
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the vulnerable adult, or
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the vulnerable adult’s family
members, or
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the vulnerable adult’s legal
fiduciary, or
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the Department of Social and
Health Services.
Durable
Power of Attorney Petitions. While powers of attorney
generally function without the need for court involvement, court
petitions are sometimes necessary to make sure that the power of
attorney is working properly. Persons entitled to petition the
court regarding a power of attorney are:
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the attorney-in-fact, or
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the principal (the person who
granted the power of attorney), or
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the spouse of the principal, or
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the guardian of the principal,
or
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any other interested person who
can demonstrate a legitimate interest in the welfare of the
principal and a good faith belief that the court’s
intervention is necessary.
Issues that
may be resolved by the court include: whether the power of
attorney has terminated; whether an accounting is necessary;
whether the attorney-in-fact has acted properly; whether the
attorney-in-fact may pursue a particular course of action;
whether the power of attorney should be changed; and whether the
attorney-in-fact should be removed. Courts will consider the
best interests of the principal and the least restrictive way to
serve the principal’s best interests.
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