SENATE BILL REPORT

SB 5161

BYSenators Stratton, Bailey, Owen, McMullen, West and Saling

Regarding abuse or neglect of vulnerable adults.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 16, 1989; February 24, 1989

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Alice Zaleski (786-7755)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 24, 1989

BACKGROUND:

The abuse of vulnerable adults statute, originally passed by the Legislature in 1984 and amended in 1986, is designed to protect vulnerable adults from abuse and exploitation.  "Vulnerable adult" is defined as a person 60 years of age or older who has the functional, mental, or physical inability to care for himself or herself.  This statute contains a mandatory reporting section much like the child abuse statutes.  Adult Protective Services may intervene only when a vulnerable adult consents.  The vulnerable adult may petition the court for a temporary protective order.

Seniors' advocates have expressed concern over what they perceive are omissions in the current statute.

SUMMARY:

The term "capacity" refers to a person's functional limitation which has caused or may cause a person to sustain substantial harm because of an inability to care for himself or herself.  This definition assists Adult Protective Services in determining when to file a petition for guardianship.

The definition of exploitation is amended to include the misuse of a power of attorney.

The definition of vulnerable adult is expanded to include developmentally disabled adults.

The Department of Social and Health Services will contract with the Area Agency on Aging to provide legal counsel for elderly persons who seek protection under this statute.

APS workers may intervene when there is evidence the vulnerable adult's original consent was withdrawn under duress.

If the petitioner alleges that property has been wrongfully converted or conveyed, the court shall enter an order directing the parties to trial within 30 days.  The court may restrain the transfer of property for 90 days or until a trial is held, whichever is later.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Kathy Leitch, DSHS; Frank Winslow, Alzheimer Society of Washington (pro); Fred Mills, AARP (pro)