Moeller’s vulnerable-adults bill is signed into Washington law

Clark County lawmaker’s measure is aimed at curbing financial exploitation

May 18, 2009

OLYMPIA – It’s now the law of the State of Washington: 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.

Unanimously approved by both chambers of the Legislature, the measure was signed into law this afternoon (Monday, May 18, 2009) by Gov. Chris Gregoire.

Moeller’s House Bill 1103 prohibits people convicted of financially exploiting vulnerable adults from receiving an inheritance from the estates of their late victims.

The Vancouver Democrat has sponsored several measures in recent years to help 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.

“Concerned citizens put a lot of time and effort into developing this vital new policy,” Moeller emphasized. “This bill that they have put their stamp on will provide a very important tool to protect and support our most vulnerable citizens.

“So many folks 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 was nothing in state law before Moeller’s bill preventing 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.