Vulnerable adults will see more protection from abusers

Senate passes Moeller’s measure aimed at curbing financial exploitation

April 18, 2009

OLYMPIA – The state Senate yesterday (Friday, April 17, 2009) unanimously passed state Rep. Jim Moeller’s legislation preventing an abusive person from inheriting anything from a deceased person who was ever the victim of financial exploitation by the abusive person.

Already unanimously approved by the House, Moeller’s House Bill 1103 would prohibit abusers from receiving an inheritance from the estates of their late victims.

Moeller, D-Vancouver, has sponsored several measures in recent years to protect the life, limb and property of vulnerable adults. He has worked with the Clark County Vulnerable Adult Task Force to develop stronger standards that have been signed into law against financial exploitation.

“Many citizens work hard and save their entire lives so they can spend their golden years in safe and comfortable retirement,” Moeller said.

“Naturally, most all retired folks take a lot of pride in making their own decisions, just like anyone else. At some point, though, they generally have no choice but to put their lives and financial resources into someone else’s hands.

“And as we age,” Moeller continued, “we become more dependent upon people close to us for taking care of our basic necessities. Yet some of the people closest to us, sometimes even our own children, take advantage of the situation. All too often, an older person’s own family members take illegal advantage.”

For the purposes of this proposed new state law, an abuser is defined as “a person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult.”

“Our objective is to halt the escalating abuse and exploitation of vulnerable citizens, including elderly men and women who rely on others for their basic needs,” Moeller said.

If the person who commits financial exploitation against a vulnerable adult is named in the vulnerable adult’s will, there is nothing in current law to prevent the perpetrator from inheriting property in the will.

“The idea behind this year’s legislation,” Moeller explained, “is to establish a mechanism to make sure that an abusive person doesn’t inherit anything from the vulnerable adult who was victimized by the abusive person.”

In most cases involving the abuse of vulnerable adults, their family members are in fact the perpetrators, he added. Unfortunately, a good many of these cases aren’t even investigated or prosecuted.

Moeller said he expects the House to concur with a Senate amendment to the measure and then send the bill on to the governor for her signature.