An action known as a petition for an order for
protection of a vulnerable adult in cases of abandonment, abuse,
financial exploitation, or neglect is created.
(1) A vulnerable adult, or interested person on behalf of
the vulnerable adult, may seek relief from abandonment, abuse,
financial exploitation, or neglect, or the threat thereof, by
filing a petition for an order for protection in superior court.
(2) A petition shall allege that the petitioner, or person
on whose behalf the petition is brought, is a vulnerable adult
and that the petitioner, or person on whose behalf the petition
is brought, has been abandoned, abused, financially exploited, or
neglected, or is threatened with abandonment, abuse, financial
exploitation, or neglect by respondent.
(3) A petition shall be accompanied by affidavit made under
oath, or a declaration signed under penalty of perjury, stating
the specific facts and circumstances which demonstrate the need
for the relief sought. If the petition is filed by an interested
person, the affidavit or declaration must also include a
statement of why the petitioner qualifies as an interested
person.
(4) A petition for an order may be made whether or not there
is a pending lawsuit, complaint, petition, or other action
pending that relates to the issues presented in the petition for
an order for protection.
(5) Within ninety days of receipt of the master copy from
the administrative office of the courts, all court clerk's
offices shall make available the standardized forms and
instructions required by RCW 74.34.115.
(6) Any assistance or information provided by any person,
including, but not limited to, court clerks, employees of the
department, and other court facilitators, to another to complete
the forms provided by the court in subsection (5) of this section
does not constitute the practice of law.
(7) A petitioner is not required to post bond to obtain
relief in any proceeding under this section.
(8) An action under this section shall be filed in the
county where the vulnerable adult resides; except that if the
vulnerable adult has left or been removed from the residence as a
result of abandonment, abuse, financial exploitation, or neglect,
or in order to avoid abandonment, abuse, financial exploitation,
or neglect, the petitioner may bring an action in the county of
either the vulnerable adult's previous or new residence.
(9) No filing fee may be charged to the petitioner for
proceedings under this section. Standard forms and written
instructions shall be provided free of charge.
[2007 c 312 § 3; 1999 c 176 § 12; 1986 c 187 § 5.]
NOTES:
Findings -- Purpose -- Severability -- Conflict with federal requirements -- 1999 c 176: See notes following RCW 74.34.005.