[WSBAPT] VAPO jurisdiction over vulnerable adult taken out of state?

[Andrekita Silva]

Law Office of F. Andrekita Silva 
______________________________________________________________ 

January 13, 2024

Eric,

I'm pretty sure you can file a VAPO petition here in Washington, even if VA has been removed from Washington.
RCW 7.105 doesn't say the vulnerable adult must reside in Washington. 

It says the Petitioner can file (for venue purposes) in the county where Petitioner resides. 
The Petitioner is very often not the vulnerable adult, its someone else seeking to protect VA.
It grants personal jurisdiction over an out of state residents if they committed acts giving rise to the Petition within the state of Washington. 

So, again, even though the statute doesn't say it,  I think the idea is that Washington has jurisdiction if the acts giving rise to the Petition occurred in Washington.  
The requirement of personal jurisdiction (significant contact giving the state an interest) is what prevents a bad actor from taking VA out of Washington (let's say to Ohio) and then trying to get a VAPO against a Washington resident in the foreign jursidiction of Ohio.  

I can't say positively as I've not had the situation, but the statute would not otherwise make sense. 

Andrekita Silva 
Law Office of F. Andrekita Silva 
1325 Fourth Avenue, Suite 940 
Seattle, Washington 98101-2509 
206-224-8288 
ak at seattle-silvalaw.com 

On 2024-01-12 16:24, Eric Nelsen wrote: 

> Potential client's elderly mother has been moved out of state by a
> sibling, and PC is concerned that this is part of a plan to isolate
> and financially exploit. 
> 
> Is it possible to get a VAPO in Washington for someone who was a
> Washington resident but now lives in another state? Does it make a
> difference if the person did so against their will or while lacking
> mental capacity to form an intent? 
> 
> I am guessing jurisdiction passes to the state where the person now is
> present, but I just do not have time to do the research myself. Any
> thoughts, citations, etc., would be greatly appreciated. 
> 
> Thanks as always and have a good holiday weekend everyone - 
> 
> Sincerely, 
> 
> Eric 
> 
> Eric C. Nelsen 
> 
> Sayre Law Offices, PLLC 
> 
> 1417 31st Ave South 
> 
> Seattle WA 98144-3909 
> 
> 206-625-0092 
> 
> eric at sayrelawoffices.com
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