State Bar Association award hails Moeller’s work toward stronger protection for vulnerable citizens

Much-needed standards passed and signed into law earlier this year will build sturdier security for senior citizens and other people potentially at-risk of abuse and exploitation. These legislative victories were championed by state Rep. Jim Moeller, who emphasized that his goal is "assuring a safer world for our vulnerable population."

Moeller will receive the 2011 Distinguished Service Award from the Washington State Bar Association (WSBA) Elder Law Section. This year's Bar Association recognition is being presented to Moeller for "his tireless service as sponsor and supporter of the legislation implementing the recommendations" submitted by the Guardianship Task Force of the State Bar's Elder Law Section.

Karen I. Treiger is an attorney with the law firm of Thompson & Howle who is active with the task force. Ms. Treiger said that Moeller is distinguished for "his ongoing tremendous commitment to the vulnerable adults of our state. He sponsored our WSBA Elder Law Section's guardianship legislation this year in Olympia, and then he worked very hard to get it passed and signed by the governor. Representative Moeller works with many stakeholders who share a commitment to ensuring the safety and happiness of senior citizens and other vulnerable people."

Key vulnerable-adult legislation passed this year includes:

• House Bill 1494 establishes needed standards for agencies that refer citizens to social-help programs and services.

"The majority of referral agencies do a good job matching senior citizens with appropriate services," Moeller said. "Fortunately most of the time, there's no problem at all. But yes, there are those agencies that fall way short of meeting their responsibilities, sometimes endangering the health and well-being of very vulnerable adults."

Moeller explained that the new law requires a disclosure form including "clear and cogent information acknowledged by the senior citizen about what the agency does and doesn't do, and directions for making a complaint to the Attorney General. An intake form to assist with a proper referral (i.e., information on any medical conditions, special diets, behaviors or cultural needs) would also need to be completed."

• House Bill 1053 implements recommendations from a 2009 report delivered by the WSBA Elder Law Section's executive committee guardianship task force. Recommendations carried out in the new law direct that:
  • Lay guardians will receive free training, which will be available online from the state Administrative Office of the Courts or superior courts.
  • Expiration dates will be set for letters of guardianship.

"A serious problem also addressed in the legislation is the fact that it's been very difficult to determine the number and status of guardianships in Washington," Moeller said.

• Senate Bill 5042, which includes directions outlined in House Bill 1104, adds what Moeller calls "very important and much-needed teeth" to current laws on the books to protect vulnerable adults. The measure will:
  • Prohibit either wrongful control or withholding of a vulnerable adult's property (and it spells out exactly what constitutes financial exploitation).
  • Require the Department of Social & Health Services to provide a statement of rights to vulnerable adults whose cases are under investigation.
  • Provide standards for the department to work with federally recognized Native American tribes to investigate abuse or financial exploitation that has taken place on tribal land.

The new standard expands the definition of "financial exploitation" beyond just the illegal or improper use of a vulnerable adult's property. The proposal would include in the law's definition the illegal or improper control over or withholding of property.

Moeller has worked with a task force of southwestern Washington citizens and other concerned individuals and organizations to create protective standards, including this year's meticulous effort against exploitation.