What Is a Vulnerable Adult Protection Order?

When an older or dependent adult is being harmed, exploited, or neglected, Washington law provides a specific court order built to protect them. It is called a vulnerable adult protection order, and it exists to shield people who may not be able to fully protect themselves.

For related help, see Washington family-law guidance, a related guide, and another helpful resource.

One of Washington's Six Protection Orders

Washington consolidated its civil protection orders into a single chapter, chapter 7.105 RCW. That chapter provides six types of orders: domestic violence, sexual assault, stalking, antiharassment, vulnerable adult, and extreme risk protection orders. The vulnerable adult protection order is the one designed specifically for adults who are especially at risk because of age, disability, or dependence on others for care.

Under RCW 7.105.100, a petition for a vulnerable adult protection order must allege that the petitioner, or the person on whose behalf the petition is brought, is a vulnerable adult and has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect, by the respondent. In plain terms, the order targets the specific harms that dependent adults are most likely to face.

Who Counts as a Vulnerable Adult

The heart of this order is the definition of a vulnerable adult, and Washington defines it broadly. Under RCW 7.105.010, a vulnerable adult includes a person 60 years of age or older who has the functional, mental, or physical inability to care for himself or herself. It also includes a person who is subject to a guardianship or an adult subject to a conservatorship, a person who has a developmental disability as defined in Washington law, and a person admitted to any licensed care facility.

The definition reaches into home-based and community care as well. Under RCW 7.105.010, a vulnerable adult also includes a person receiving services from a licensed home health, hospice, or home care agency, a person receiving in-home services through a state contract, and a person who self-directs their own care and receives services from a personal aide. The through line is dependence: the law focuses on adults whose circumstances make them more susceptible to harm and less able to defend themselves.

The Harms the Order Addresses

The order is aimed at the particular ways vulnerable adults are mistreated, and Washington law defines each of those harms carefully. Under RCW 7.105.010, abuse means intentional, willful, or reckless action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult, and it expressly includes physical abuse, sexual abuse, mental abuse, personal exploitation, and improper use of restraint. The same statute recognizes that some vulnerable adults cannot express harm, so in certain cases the abuse is presumed to cause physical harm, pain, or mental anguish.

Neglect and abandonment are treated as their own serious harms. Under RCW 7.105.010, neglect means a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services needed to maintain the vulnerable adult's physical or mental health, or an act or omission that shows a serious disregard of consequences amounting to a clear and present danger to the adult's health, welfare, or safety. Abandonment, under the same statute, means action or inaction by a person with a duty of care that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or health care.

Financial exploitation is a distinct and common concern. Under RCW 7.105.010, financial exploitation means the illegal or improper use of, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult for someone else's benefit. The statute specifically calls out the misuse of a power of attorney, the breach of a fiduciary duty, and the use of deception, intimidation, or undue influence by a person in a position of trust. These are exactly the tactics that leave older adults financially harmed by people close to them.

A Related Law: Chapter 74.34 RCW

The protection order is not the only place Washington addresses these harms. The state also has a broader framework for the abuse of vulnerable adults in chapter 74.34 RCW, and the core definitions used throughout that area of the law live in RCW 74.34.020. That section defines a vulnerable adult and defines abuse, neglect, abandonment, and financial exploitation, the same categories a protection order targets, and it fills in the specific forms abuse can take, including sexual abuse, physical abuse, mental abuse, personal exploitation, and improper use of restraint. RCW 74.34.020 also defines financial exploitation to include the misuse of a power of attorney or the breach of a fiduciary duty, which is why exploitation by someone in a position of trust is treated so seriously.

Beyond definitions, chapter 74.34 RCW builds out the state's larger response system. It designates mandated reporters, such as care facility staff, social workers, and health care providers, who are required to report suspected abuse, neglect, or financial exploitation, and it provides for investigation and protective services through the Department of Social and Health Services. The protection order in chapter 7.105 RCW gives a court a direct way to intervene and restrain conduct, while chapter 74.34 RCW reflects the state's broader commitment to identifying and responding to mistreatment. The two work alongside each other, and a single situation can touch more than one part of Washington law.

Who Can Seek the Order

Because a vulnerable adult may not be able to file for themselves, the law allows others to step in. Under RCW 7.105.100, a petition for a vulnerable adult protection order may be brought on behalf of the vulnerable adult, and the chapter recognizes the role of an interested person, someone who is genuinely interested in the vulnerable adult's welfare, believes in good faith that the court's intervention is necessary, and can show that the adult is unable to protect their own interests because of incapacity, undue influence, or duress at the time of filing. This is what makes the order workable in the real world, where the person being harmed often cannot come forward alone.

The law also protects the vulnerable adult's voice in the process. When someone other than the vulnerable adult files, Washington requires that the vulnerable adult be personally served and given a plain-language explanation of the petition and of their right to participate in the hearing and to support or object to it, so the order is never simply imposed over the adult's own wishes without their knowledge.

Help for Snohomish County Families

For families in Snohomish County caring for an aging parent or a disabled adult relative, the signs of abuse, neglect, or financial exploitation can be painful and confusing to sort out, especially when the person causing harm is someone the family knows. A vulnerable adult protection order can be a powerful tool, but knowing whether it fits, who should file, and how to present the situation to the court takes careful thought.

If you are worried about a vulnerable adult in your life and want to understand whether a protection order is the right step, the Law Office of Chad Foster is here to help you think it through and understand your options.

If you are in immediate danger, call 911.