• a person over the age of 60 who lacks the functional, physical, or mental ability to care for him or herself;
• an adult with a developmental disability;
• an adult with a legal guardian;
• an adult living in a long-term care facility (an adult family home, boarding home or nursing home);
• an adult living in their own or family's home receiving services from an agency or contracted individual provider.

How common is elder abuse?
According to Bureau of Justice Statistics, reporting for the years 1992-97:

• More than 9 in 10 crimes against the elderly were property crimes;
• More than 1 in 5 elderly victims of nonlethal violence sustained injuries;
• A weapon of some type was more likely to be used in violent crimes against the elderly compared to younger age groups;
• Relatives, intimates and other persons well known to the victim committed about one-fifth of the violence against people 65 years old or older.

What is sexual abuse of a vulnerable adult?
Sexual abuse of a vulnerable adult is the infliction of non-consensual sexual contact of any kind on that person. However, in many situations, victims of sexual abuse are deemed by the State of Washington to be incapable of giving consent to sexual contact. Some examples of these situations are: victims who are physically helpless or mentally incapacitated; victims who are developmentally disabled where they are not married to the perpetrator and the perpetrator has supervisory authority over them; and frail elder or vulnerable adults who are not married to the perpetrator but who do have a significant relationship with the perpetrator. In these cases, consent to the contact by the victim is not a defense.

What is neglect of a vulnerable adult?
Neglect of a vulnerable adult is the failure of a caretaker to provide the care necessary to avoid physical harm or mental anguish to the vulnerable adult. It includes failure to provide proper food, clothing, medical treatment, medication, and hygiene.

What are some common signs of neglect of a vulnerable adult?
Some commons signs of neglect of a vulnerable adult are:

• dehydration
• malnutrition
• untreated bedsores
• lack of proper medication and/or medical treatment
• inadequate hygiene
• overgrown hair and nails
• unclean clothing and bed linens

What is considered physical abuse of a vulnerable adult?
Physical abuse of a vulnerable adult is the willful infliction of physical pain or injury, that is not done in self-defense. It often results in injuries such as bruises, welts, burns, lacerations, and broken bones. However, such acts need not result in injury in order to be considered physical abuse.

What is financial abuse of a vulnerable adult?
Financial abuse is the improper taking or misuse of the money or property of a vulnerable adult for the benefit of someone other than the vulnerable adult.

Can a guardian or a power of attorney commit financial abuse of the person for whom they are responsible?
Yes. Just because someone is the guardian or has power of attorney does not mean that they can do what they wish with that person's funds. Guardians or persons who hold a power of attorney have significant restrictions as to how they may spend the funds of the vulnerable adult. If the guardian or the person who holds a power of attorney violates those restrictions, they may be committing a crime.

What are the warning signs of financial abuse of an elderly victim?
Some signs that may indicate that an elderly person is being financially abused are:

• unusual banking activity such as movement of large amounts of money, changing banks, redirecting automatic deposits, sale or mortgage of assets;
• financial activity on the part of the elder that is inconsistent with his or her abilities;
• a new friend, relative, or caretaker who is showing affection for an elder with assets;
• a new power of attorney executed by the elder;
• a new will drawn up in favor of the new friend, relative or caretaker;
• missing or redirected mail of the elder;
• suspicious credit card activity;
• lack of basic necessities of life where the elder should be able to afford them;
• suspicious signatures on documents or checks;
• disconnected utilities;
• the elder or their residence appears unkempt;
• missing property of the elderly person, including credit cards, checkbooks, or financial documents.

Who should I call if I suspect a crime against a vulnerable adult is occurring?
If you suspect that a crime against a vulnerable adult is occurring or has occurred, you should do two things:

1. Report the crime to the police by calling 911; and
2. Report the crime to DSHS:
a. Call 1-800-562-6078 if the crime occurred in a boarding home, an adult family home, or a nursing home.
b. Call 1-866-221-4909 if the crime occurred anywhere besides a boarding home, adult family home, or a nursing home.

Who is required by law to report suspected abuse or neglect of vulnerable adults?
Washington state law requires that all DSHS employees, law enforcement officers, social workers, professional school personnel, individual providers, employees and operators of care facilities, employees of social service, welfare, mental health, adult day health, adult day care, home health, home care and hospice agencies, medical examiners, Christian Science practitioners, and health care providers call 911 and DSHS immediately if there is a reason to suspect physical or sexual assault of a vulnerable adult. Further, they must report suspected neglect or financial exploitation to DSHS.

If you have questions about the Elder Abuse Project, e-mail Tim Leary, Senior Deputy Prosecuting Attorney, or telephone him at 206-296-9000.

August 5, 2005