Washington Code 11.84.160 – Abuser determination — Evidence factors
Current as of: 2023 | Check for updates
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(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that:
Terms Used In Washington Code 11.84.160
- Abuser: means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. See Washington Code 11.84.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Property: includes any real and personal property and any right or interest therein. See Washington Code 11.84.010
(a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and
(b) The conduct constituting financial exploitation was willful action or willful inaction causing injury to the property of the vulnerable adult.
(2) A finding of abuse by the department of social and health services is not admissible for any purpose in any claim or proceeding under this chapter.
(3) Except as provided in subsection (2) of this section, evidence of financial exploitation is admissible if it is not inadmissible pursuant to the rules of evidence.
[ 2009 c 525 § 16.]