[WSBAPT] Financial exploitation of vulnerable adult

[Jared E. Adams]

Hi All,

This is a new one for me. I am representing the successor Trustee of a living trust, which includes a substantial gift to a former caregiver of the trustor. The former caregiver is also a beneficiary on a TOD brokerage account.

The caregiver was recently investigated by APS and they have determined this is a "substantiated case" for financial exploitation of vulnerable adult. But, that is as far as APS takes the matter. The family doesn't intend to pursue court action because the caregiver has no resources for them to recover. Their big question is whether APS's determination of this being a "substantiated case" is sufficient to trigger RCW 11.84.020 (Slayer or abuser not to benefit from death) and preclude the gifts to the caregiver under the trust and TOD account.

Have any of you dealt with this before? Thank you in advance for any guidance!

Jared


Jared E. Adams, JD, LL.M.

Condie & Adams, PLLC
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