To extend the ability to file for a protection order to someone acting on behalf of a vulnerable adult. The bill also waives the filing fee and directs the Administrator of the Courts to develop standard forms, and a court staff handbook on the protection order process.   Official Text and Analysis.

To change the provision that allowed any person (rather than "interested persons") to petition for a protection order on behalf of a vulnerable adult and did not authorize the Department to petition without the vulnerable adult's consent where the Department believes the vulnerable adult is unable or incapable of giving consent. The substitute bill also includes the following provisions: the requirement that a vulnerable adult must receive notice of a petition filed on his or her behalf; the process for determining a petition where the vulnerable adult does not consent to the petition; the process for modifying or terminating a protection order; and the authorization of service by mail or publication if personal service cannot be obtained.

To provide that a deceased vulnerable adult's cause of action for abandonment, abuse, exploitation, or neglect survives to the estate for recovery of the economic losses to the estate if the deceased vulnerable adult has no statutory beneficiaries (spouse, children, and dependent parents and siblings).

To change the date after which the standard forms must be used in vulnerable adult protection order proceedings to October 1, 2007 (instead of September 1, 2007). Changes the date by which the Administrative Office of the Courts must translate the standard forms and distribute to court clerks to December 31, 2007 (instead of September 1, 2007).

To define the term "incapacitated person." When an "interested person" petitions the court for an order of protection for a vulnerable adult, the court is provided with objective criteria to make its determination. The court can consider whether "the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests." Clarification is provided as to under what statute, RCW 7.40, temporary orders are obtained. Notice of the request for temporary relief must be provided to the respondent, and to the vulnerable adult if someone other than the vulnerable adult filed the petition, unless there would be immediate and irreparable injury, loss, or damage to the vulnerable adult before notice could be provided. The circumstances under which the court can find that a vulnerable adult is unable to protect his or her person or estate, in connection with the issues raised in the petition or order, is narrowed to "incapacity, undue influence, or duress" rather than "incapacity, undue influence, or other factors found by the court." If the court orders a separate evidentiary hearing on the issue of capacity, undue influence, or duress, the court may enter a temporary order for protection pending the evidentiary hearing. The wording of the underlying bill implies that the court could issue a permanent protection order over the objections of the vulnerable adult pending the evidentiary hearing. If the court orders a separate evidentiary hearing, but does not enter a temporary order, the evidentiary hearing must be held within 14 days of the hearing on the petition. The separate evidentiary hearing process does not apply when a vulnerable adult has been found to be fully incapacitated under the guardianship law, rather than merely incapacitated. The court's discretion is removed with regard to entering orders involving a competent person without that person's approval. The provision that a vulnerable adult who has not been found to be fully incapacitated may apply for an order to modify or vacate the order, is clarified.