[WSBAPT] options to protect vulnerable elderly person

Mon Apr 6 15:52:47 PDT 2015

Thanks Chris,

I mentioned that option to the client; however because of the dynamics
within the family, there's some reluctance on the part of the client to take
this one on without any of the family stepping up.

My information regarding the mental evaluation is limited. My client was
going to follow up with one additional agency and get back to me.

I may call you! Thanks for the offer!

Sincerely,

G. (Gus) Benjamin Lindsey III

Attorney-at-Law

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

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

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher
Henderson
Sent: Monday, April 06, 2015 12:56 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] options to protect vulnerable elderly person

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

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

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

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law     

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to
The Law Office of G. Benjamin Lindsey III, which may be privileged,
confidential and/or protected from disclosure.  The information is intended
only for the use of the individual or entity named above.  If you think that
you have received this message in error, please contact the sender.  If you
are not the intended recipient, any dissemination, distribution or copying
is strictly prohibited

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