Protecting elders and vulnerable adults from abuse and neglect

Washington State's Vulnerable Adult Protection Act, RCW 74.34, protects adults living in the state who are any of these:

• Age 60 or older who are unable to care for themselves or

• Has a guardian or conservator or

• Has a developmental disability or

• Lives in a care facility of any kind or

• Gets services at home from a provider

*You can read the Vulnerable Adult Protection Act (RCW 74.34) at your local library or online at apps.leg.wa.gov/rcw/default.aspx?cite=74.34. If you go to the library, ask the librarian for help finding the RCW volumes.

Abuse here means action (or inaction) that harms a vulnerable adult. This action or inaction is on purpose. The harm to the adult can be:

• sexual, mental, or physical abuse

• unreasonably being held somewhere against the vulnerable adult's will

• intimidation

• punishment

• exploitation or abandonment

Neglect happens when a person or agency with a duty to care for a vulnerable adult puts the adult's health, safety, or welfare at risk.

Yes. You can call Adult Protective Services (APS), located in your local Department of Social and Health Services (DSHS) office.

Or you can call the statewide hotline at 1-866-363-4276 (1-866-End-Harm).

Yes, if you are any of these:

• law enforcement

• social worker or social service, welfare, mental, or health agency worker

• employee of a care facility

• doctor, nurse, psychologist or pharmacist

• nurse's aide or personal care aide

If you are on this list, you must immediately report to APS any time you have reasonable cause to believe someone has abused, neglected, abandoned, or exploited a vulnerable adult. You might also immediately have to report it to law enforcement. Read RCW 74.34.035 to learn more.

Maybe not. APS keeps it confidential unless there is a court case or you let APS use your name.

As long as you are making a report or testifying in good faith, you will not be liable for any damages resulting from the report.

APS must investigate. If APS finds the reported problem has taken place, it must offer the vulnerable adult appropriate information and services. This can include help from other social services and law enforcement. APS must tell the adult that the adult has the right to refuse services.

In that case, APS can ask a court to appoint a guardian for the adult. Read Adult guardianship, conservatorship and other protective arrangements to learn more.

Yes. You can help the vulnerable adult take back (revoke) power of attorney as soon as possible. Talk to a lawyer, or use our Durable Power of Attorney Documents packet. It has the form and instructions for revoking power of attorney. It also explains how to do an optional new power of attorney. The revocation usually takes effect when you deliver it to the person holding the power of attorney.

Yes. This is still a good idea.

Yes. You should still try to take the abuser's name off any jointly held bank accounts the vulnerable adult owns. You can usually close the account and open a new one in the vulnerable adult's name only.

Yes. After the vulnerable adult has revoked power of attorney, you must have the revocation notarized and recorded at the recording office in every county where the vulnerable adult owns real property.

Maybe. The vulnerable adult can file for a Protection Order, or someone can do it for the vulnerable adult. Read Domestic Violence: Basics to learn more. You can use our File for a Protection Order printable packet or our interactive interview at Washington Forms Online.  

Maybe. The vulnerable adult can sue for damages for injuries, pain, and suffering; for the loss of money or property; and/or to ask for the return of money or property.
Law enforcement may also charge the abuser with a crime.

Yes. It depends on the person's situation. Read these to learn more:

• Quick Facts: Alternatives to Guardianship

• Alternatives to Guardianship: Supported Decision Making Agreements (SDM)

• Durable Power of Attorney Documents

• Adult guardianship, conservatorship and other protective arrangements