Washington House Democrats

House passes Moeller's plan protecting vulnerable adults

Lawmaker: 'At-risk citizens are in great need of defense from abuse'

March 7, 2007

OLYMPIA – The work of the Clark County Vulnerable Adult Task Force reached a milestone today (March 7) when the state House of Representatives approved legislation strengthening laws that protect at-risk citizens.

State Rep. Jim Moeller, who worked with the task force and is sponsoring House Bill 1008, said the measure will make the state's Adult Protection Act less cumbersome to enforce. Moeller, D-Vancouver, said his objective is to halt the escalating abuse and exploitation of vulnerable citizens, including elderly men and women who rely on others for their basic needs.

Jessica Dimitrov, a Vancouver attorney who helped lead the work of the task force, applauded House-passage of the measure.

"Current law provides a specific judicial process for vulnerable adults to seek protection," Dimitrov explained. "It recognizes the fact that some elderly and disabled people are unable to adequately protect themselves from abuse, exploitation and abandonment.

"But the law has been difficult to apply because there isn’t uniformity and consistency around the state in the way it is interpreted," she said, "and there aren't any preprinted forms for securing a protection order."

A filing fee of $200 and a restriction on the type of parties who can petition for protection also limit the effectiveness of the current law.

Dimitrov said that vulnerable adults today must often hire an attorney to seek protections.

The legislation eliminates the filing fee, requires creation of free preprinted forms, specifically authorizes nonlawyers to help fill out the forms, and expands the number of individuals who can seek protection for vulnerable adults.

Currently, only the vulnerable adult, certain family members, people with other specific legal standing, and the state's Adult Protective Services office (with the consent of the Vulnerable Adult) can seek protection.

Moeller pointed out that "all too often today no protection is even sought because the abusive person is a family member and the vulnerable adult is either unable or unwilling to seek protection. Current law also limits the number of individuals who can seek relief."

Terms of the legislation state that an "interested person" who reasonably and in good faith believes that a vulnerable adult is being abused could go to court on behalf of a vulnerable adult and seek legal intervention to stop the abuse.

The bill also authorizes the Department of Social and Health Services to file a petition without the consent of the vulnerable adult if the department believes the vulnerable adult is not capable of protecting himself or herself.

The proposal directs that a vulnerable adult will receive notification when another citizen files a petition to protect the vulnerable adult. A hearing would be held and if the vulnerable adult doesn't agree with the petition, the court could either dismiss the petition, take more testimony, or order further court proceedings to resolve the issue.

A superior court could enter a protection order over the objection of the vulnerable adult only if the court determines that the vulnerable adult isn't capable of speaking up in his or her own best interests for reasons such as incapacity, undue influence, or other factors that place the vulnerable adult at risk.

According to current law, Dimitrov said, Adult Protective Services can't seek protection if the vulnerable adult refuses assistance – "even when there is glaring evidence of abuse or neglect."

Moeller said that many of Washington’s most vulnerable adults "are living in crisis because of threats to their physical and emotional safety and because they have been financially exploited, often to the point where they are left homeless and dependent on government assistance for their very survival and care. The fact is that many at-risk citizens are in great need of defense from abuse."

"When a person's health declines and when his or her ability to think clearly starts to fade," Moeller said, "all too often someone else comes along who is only too happy to exploit the situation. We need this stronger law to allow an honest person to step in and help prevent this abuse before it happens, or at least stop it before it gets worse."

"These changes to our state's Vulnerable Adult Protection Act will greatly improve protection for our society's most vulnerable members: our elderly and disabled citizens," Dimitrov said. "Representative Moeller's legislation accomplishes the extremely important goal of protecting these individuals against financial, physical and mental abuse and exploitation.

"The measure provides easier access to the courts for vulnerable adults," she said. "And it does so by eliminating the cumbersome and expensive processes in current law that serve as unintended impediments to seeking protection. Terms of the bill will also establish uniformity throughout our state in the process for obtaining protection from abuse for a vulnerable adult."

"I'm very grateful to have worked on this issue with all of the dedicated folks on the task force, which included advocates for senior citizens, social-service providers, and representatives from law enforcement and the prosecutor's office," Moeller said.

Moeller is a member of the House Judiciary Committee where the legislation was first considered earlier this year.

The measure, passed by a vote of 97-0 in the House, now goes to the Senate for more discussion.

at frizzell.dan@leg.wa.gov or (360) 786-7208.

at robbins.clint@leg.wa.gov or (360) 786-7323.