Protecting The Vulnerable
| 1103 Concerning the estates of vulnerable adults.
2009-2010 Session Summary: An abuser may not inherit property or any benefit from a deceased person who, at any time during life in which the decedent was a vulnerable adult, was the victim of financial exploitation by the abuser. An abuser is a person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. Disposition of Property. In most cases, an abuser is treated the same as a slayer with respect to the distribution of the decedent’s estate. Ratification. An abuser may inherit property or benefits from the vulnerable adult’s estate if the vulnerable adult knew of the financial exploitation and subsequently ratified his or her intent to transfer the property interest or benefit to the abuser. The court must find by clear, cogent, and convincing evidence that the decedent ratified the abuser’s conduct. Abuser Designation. A criminal conviction for conduct constituting financial exploitation against a decedent, including but not limited to theft, forgery, fraud, identity theft, robbery, burglary, or extortion, is conclusive for the purposes of determining whether a person is an abuser. In the absence of a criminal conviction, a court may find by clear, cogent, and convincing evidence that:
Department of Social and Health Services Findings. Findings of abuse made by the Department of Social and Health Services are not admissible in any claim or proceeding to determine whether a person is an abuser for inheritance purposes. Common Law Remedies. The provisions of the act are supplemental to, and do not derogate from, other statutory or common law proceedings, theories, or remedies, including the common law allocation of the burden of proof or production among the parties. Statute Cross-References. Statutes are amended that are cross-referenced by the existing slayer statute related to:
Slayer Designation. A criminal conviction for the willful and unlawful killing of a decedent is conclusive for the purposes of determining whether a person is a slayer. In the absence of a criminal conviction, a court may find by a preponderance of the evidence that a person participated in the willful and unlawful killing of the decedent. |
| ESHB 1008 Protecting vulnerable adults.
2007-2008 Session Summary: A petition for an order for protection for a vulnerable adult may be brought by an interested person on behalf of the vulnerable adult. “Interested person” means a person who demonstrates to the court that he or she is interested in the vulnerable adult’s welfare and has a good faith belief that intervention is necessary to protect the vulnerable adult, and that the vulnerable adult is unable to protect his or her own interests. An interested person must state in the petition why he or she qualifies as an interested person. The Department of Social and Health Services (Department) may bring a petition on behalf of the vulnerable adult without the consent of the vulnerable adult if the Department believes the vulnerable adult lacks the ability or capacity to consent. When a petition for an order for protection is filed by someone other than the vulnerable adult, notice of the petition and hearing must be personally served on the vulnerable adult and must include a standard notice form developed by the Administrative Office of the Courts (AOC). If good faith attempts at personal service are unsuccessful, the court may authorize service by mail, or by publication if personal service or service by mail cannot be obtained. Notice of a request for a temporary protection order must be provided to the respondent, and to the vulnerable adult if someone other than the vulnerable adult filed the petition, unless there would be immediate and irreparable injury, loss, or damage before notice could be provided. A process is created for resolving a petition brought on behalf of the vulnerable adult where the vulnerable adult does not consent to the petition. If the vulnerable adult objects to the petition at the hearing, the court may dismiss the petition or the portions with which the vulnerable adult objects, or the court may take additional testimony or order an additional hearing to determine whether the vulnerable adult is unable to protect his or her person or estate in connection with the issues raised in the petition due to incapacity, undue influence, or duress. The additional evidentiary hearing is not necessary if the vulnerable adult has been found to be fully incapacitated under the guardianship laws. The court may enter a temporary protection order pending the ev hearing, which must be held within 14 days. The court may enter a protection order against the wishes of a vulnerable adult if the court determines that the vulnerable adult is unable to protect his or her person or estate in connection with the issues raised in the petition due to incapacity, undue influence, or duress. If the court determines a vulnerable adult who does not consent to the petition is capable of protecting himself or herself, the court must dismiss the order or modify the order if agreed to by the vulnerable adult. The remedies that the court may provide in an order for protection may extend for a maximum period of five years. The court may not charge a filing fee to the petitioner for a petition for an order for protection. A process is created for a competent vulnerable adult or a vulnerable adult’s guardian to petition for a modification or termination of a protection order. The AOC must develop and maintain: standard petition, temporary order for protection, and permanent order for protection forms; a standard notice form to provide notice to a vulnerable adult if the vulnerable adult is not the petitioner; instructions; and a court staff handbook on the protection order process. The instructions must be designed to assist petitioners in completing the petition and must include a sample of the standard forms. The standard notice The AOC must develop and maintain: standard petition, temporary order for protection, and permanent order for protection forms; a standard notice form to provide notice to a vulnerableadult if the vulnerable adult is not the petitioner; instructions; and a court staff handbook on the protection order process. The instructions must be designed to assist petitioners in completing the petition and must include a sample of the standard forms. The standard notice form must be designed to explain in clear, plain language the purpose of the petition and that the vulnerable adult has the right to participate and either support or object to the petition. The AOC may prepare these documents in consultation with members of the Elder Law Section of the Washington State Bar Association, judges, the Department, the Washington Protection and Advocacy System, and law enforcement. In addition, the AOC must translate the instructions and standard forms into the languages spoken by the significant non-Englishspeaking or limited-English-speaking populations in the state. Court clerks must make the standard forms and instructions available, free of charge, within 90 days of receiving them from the AOC. The standard petition and order forms must be used for all protection orders sought or issued after October 1, 2007. A deceased vulnerable adult’s cause of action for damages resulting from abandonment, abuse, financial exploitation, or neglect while residing at a facility or receiving care from a home health, hospice, or home care agency survives to the deceased vulnerable adult’s estate for recovery of the economic losses to the estate if the deceased vulnerable adult has no surviving statutory beneficiaries. A form must be designed to explain in clear, plain language the purpose of the petition and that the vulnerable adult has the right to participate and either support or object to the petition. The AOC may prepare these documents in consultation with members of the Elder Law Section of the Washington State Bar Association, judges, the Department, the Washington Protection and Advocacy System, and law enforcement. In addition, the AOC must translate the instructions and standard forms into the languages spoken by the significant non-Englishspeaking or limited-English-speaking populations in the state. Court clerks must make the standard forms and instructions available, free of charge, within 90 days of receiving them from the AOC. The standard petition and order forms must be used for all protection orders sought or issued after October 1, 2007. A deceased vulnerable adult’s cause of action for damages resulting from abandonment, abuse, financial exploitation, or neglect while residing at a facility or receiving care from a home health, hospice, or home care agency survives to the deceased vulnerable adult’s estate for recovery of the economic losses to the estate if the deceased vulnerable adult has no surviving statutory beneficiaries. |
| 1794 Concerning the calculation of child support
2009-2010 Session Summary Changes the child support economic table by: (1) starting the table at $1,000 of combined monthly net income with a $50 presumptive minimum amount of basic support; and (2) expanding the table to $12,000 of combined monthly net income. Provides that ordinary health care costs are no longer part of the basic support obligation amount and instead all health care costs must be shared by the parents in the same proportion as the basic support. Allows income from overtime and second jobs to be excluded from calculating gross monthly income if certain conditions are met and allows a parent to deduct up to $5,000 of voluntary retirement contributions under certain circumstances. Makes other changes to the child support laws regarding imputing income and limitations on the amount of support ordered. |
| 2SHB 1009 Establishing work groups to periodically review and update the child support schedule review of Child Support Schedule.
2007-2008 Session By August 1, 2007, the DCS must convene a work group to continue the work of the 2005 work group and produce recommendations to the Legislature by December 30, 2008. The 21-member work group consists of:
Beginning in 2011, and every four years thereafter, the DCS must convene a work group with similar membership to review the laws, administrative rules, and practices surrounding child support. The Governor shall appoint the chair of the workgroup. Reports to the Legislature are due October 1, 2011, and every four years thereafter.
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