Vulnerable adult protection orders filed by department

A ” vulnerable adult” may file a petition for a vulnerable adult protection order or a domestic violence protection order on their own behalf. Wash. Rev. Code Ann. 7.105.100(1)(d). In such a circumstance, the court may appoint counsel if the petitioning adult is unrepresented. See Washington, Legislation, Domestic Violence – Alleged Victim, Discretionary appointment of attorney.

However, other parties–such as “interested persons” or the department of social and health services–may file for a protective order on an adult’s behalf as well. Wash. Rev. Code Ann. 7.105.100(1)(d); 7.105.110(1). The department may file with or without the adult’s consent. Wash. Rev. Code Ann. 7.105.110. If “the department has reason to believe a vulnerable adult lacks the ability or capacity to consent”, it may file without their consent. Id.

Although the court is permitted to dismiss a petition if the adult disagrees with it, it is not required to do so. The statute specifies that, where the petition is filed by someone other than the vulnerable adult or their designated agent (e.g., the adult’s guardian or conservator) and the adult “advises the court at the hearing that [they] do[ ] not want all or part of the protection sought in the petition, then the court may dismiss the petition” in whole or in part. 7.105.220(1). Alternatively, the court may take additional testimony or evidence or schedule further hearings. Id. Ultimately, the court may defer to the adult’s wishes if it “determines that the … adult is capable of protecting his or her person or estate”, dismissing or modifying the order. Id. at (4). But if the court makes a determination the the adult is incapable of protecting themself with regard to the issues named in the petition, it may order relief as permitted under in the chapter. Id.

No right to counsel or right to a guardian ad litem was located for adults who are the subject of petitions for vulnerable adult protection orders filed by others.