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Free Case Consultation: (360) 685-4221
Free Case Consultation: (360) 685-4221
Elderly and disabled people are often targeted for abuse. For example, a caregiver might abuse a disabled person, or a jealous family member might try to get a protection order against a helpful neighbor who is elderly. In Washington, there is a special kind of protection order for vulnerable adults. This applies to people who are 60 or older and who cannot take care of themselves, have a guardian, have a developmental disability, live in a facility, receive home care or hospice services, or have an individual care provider. Either the vulnerable adult or someone who wants to keep them safe can file a petition.
A protection order can help stop a perpetrator from abusing or exploiting a vulnerable adult. It can prevent the perpetrator from coming into the vulnerable adult’s home, stop them from contacting the vulnerable adult and require them to account for how they use the vulnerable adult’s resources or property. It can also stop the perpetrator from transferring property for up to 90 days.
The alleged perpetrator may have a power of attorney over the vulnerable adult. In this case, the victim or their family will need to file a petition for a protective order and revoke the power of attorney. Another issue is taking the name of the alleged perpetrator off of any jointly held bank accounts or property.
A petitioner for a vulnerable adult protection order can file in the county where the vulnerable adult lives, or in the county of either the prior or the current county of residence if the vulnerable adult is somewhere else due to abandonment, neglect, abuse, or other similar circumstances.
The petition must allege that the petitioner or vulnerable adult is a vulnerable adult as defined by law, and has been abused, neglected, or threatened with abuse or financial exploitation by the respondent. An affidavit under oath, setting forth specific facts to show why a protection order should be issued, must be filed alongside the petition. If you are filing for a protection order on behalf of a vulnerable adult, you will need to provide a sworn affidavit about your interest in the case. In some cases, allegations of abuse may be made improperly by someone seeking to gain power over the vulnerable adult. If this is the case, you may be able to defend against the protection order by attacking the facts in the affidavit of the purportedly interested person.
A vulnerable adult may be protected for 14 days after a petition is filed, with a hearing to follow. If the alleged perpetrator is served in time, the judge may extend those 14 days. The hearing typically involves the submission of evidence and testimony by parties and witnesses, after which a judge may issue an order lasting up to five years.
Even if there is no pending lawsuit or action related to it, a request for a vulnerable adult protection order may be filed. In other words, this petition may be filed even if the petitioner is not bringing an elder abuse case or another lawsuit arising out of the suspected abuse.
You should hire a lawyer who understands all aspects of your case and the applicable law if you are petitioning for or fighting against a vulnerable adult protection order in Washington. Our firm will evaluate your whole case and strategize about how to handle it.
Elderly and disabled people are often targeted for abuse. For example, a caregiver might abuse a disabled person, or a jealous family member might try to get a protection order against a helpful neighbor who is elderly. In Washington, there is a special kind of protection order for vulnerable adults. This applies to people who are 60 or older and who cannot take care of themselves, have a guardian, have a developmental disability, live in a facility, receive home care or hospice services, or have an individual care provider. Either the vulnerable adult or someone who wants to keep them safe can file a petition.
A protection order can help stop a perpetrator from abusing or exploiting a vulnerable adult. It can prevent the perpetrator from coming into the vulnerable adult’s home, stop them from contacting the vulnerable adult and require them to account for how they use the vulnerable adult’s resources or property. It can also stop the perpetrator from transferring property for up to 90 days.
The alleged perpetrator may have a power of attorney over the vulnerable adult. In this case, the victim or their family will need to file a petition for a protective order and revoke the power of attorney. Another issue is taking the name of the alleged perpetrator off of any jointly held bank accounts or property.
A petitioner for a vulnerable adult protection order can file in the county where the vulnerable adult lives, or in the county of either the prior or the current county of residence if the vulnerable adult is somewhere else due to abandonment, neglect, abuse, or other similar circumstances.
The petition must allege that the petitioner or vulnerable adult is a vulnerable adult as defined by law, and has been abused, neglected, or threatened with abuse or financial exploitation by the respondent. An affidavit under oath, setting forth specific facts to show why a protection order should be issued, must be filed alongside the petition. If you are filing for a protection order on behalf of a vulnerable adult, you will need to provide a sworn affidavit about your interest in the case. In some cases, allegations of abuse may be made improperly by someone seeking to gain power over the vulnerable adult. If this is the case, you may be able to defend against the protection order by attacking the facts in the affidavit of the purportedly interested person.
A vulnerable adult may be protected for 14 days after a petition is filed, with a hearing to follow. If the alleged perpetrator is served in time, the judge may extend those 14 days. The hearing typically involves the submission of evidence and testimony by parties and witnesses, after which a judge may issue an order lasting up to five years.
Even if there is no pending lawsuit or action related to it, a request for a vulnerable adult protection order may be filed. In other words, this petition may be filed even if the petitioner is not bringing an elder abuse case or another lawsuit arising out of the suspected abuse.
You should hire a lawyer who understands all aspects of your case and the applicable law if you are petitioning for or fighting against a vulnerable adult protection order in Washington. Our firm will evaluate your whole case and strategize about how to handle it.
Our office is located at 222 Grand Avenue, Ste A Bellingham, WA 98225.
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