[WSBAPT] options to protect vulnerable elderly person

[Christopher Henderson]

Does your client want to pursue a protective order?  He/she does not need to be a family member to do so under vulnerable adult statute, only an interested party as defined by RCW 74.34.020:

(10) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.

It is also not entirely clear from your message the context in which the son was taken in for a mental evaluation, but if it did not involve a full report of incident and the danger to the potential vulnerable adult, an APS report could be helpful.

I'd be happy to discuss further if you would like to call.

  --Chris

Ph:   206.324.4300 x111
Fax: 206.324.3106
http://www.dussaultlaw.com/

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Monday, April 6, 2015 12:15 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] options to protect vulnerable elderly person

Hello,

One of my clients is dealing with a potential vulnerable person situation and unsure of how to help.  (Snohomish County)

The potential victim ("PV")is an 80-85 year old woman, physically disabled but mentally sharp. The PV has an adult son with some alleged mental issues.  My client is a friend of the PV.

Last week the son "went off" (fist through walls in residence, verbal threats, and physical confrontation with PV's neighbor.) Although the son was taken away for a mental evaluation, he was released. The son lives in a camper on PV's property. PV admits that she is afraid of son but is unwilling to file for protection. (makes excuses for son's behavior.) The police found weapons (gun and knife) when responding to the conflict last week. Given the lack of a criminal charges or anyone filing a protective order, I think the son can regain possessions of his weapons.

My client has contacted a number of agencies and been told there is nothing that can be done. PV's family members (other children) seem to acknowledge the problem but attribute the son's behavior to his "hard luck life."

As a non-family member, is there anything else my client can do?

Ideas appreciated.


Sincerely,

G. (Gus) Benjamin Lindsey III
Attorney-at-Law
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The Law Office of G. Benjamin Lindsey III
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Lake Stevens, WA 98258

Phone:   (425) 263-9585

website: www.gbl3law.com<http://www.gbl3law.com/>

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