Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was the beneficiary of an insurance policy. However, the defendant was tried and convicted of killing the policy holder. Thus, as a matter of public policy, the Court determined that the defendant should be disqualified from his beneficiary status. The defendant’s inheritance of the policy proceeds would effectively allow him to financially profit from his murder of the policy holder. The policy is simple enough and Washington law follows the same principle.

More traditionally, Washington law defines a slayer as any person who participates either as a principal or an accessory before the fact in the willful and unlawful killing of another person as determined under RCW 11.84.140. Simply put, one who is convicted of willful and unlawful killing is disqualified (or “disinherited”) from receiving any benefits the convicted person would have inherited from the deceased person’s estate. If the accused person is not criminally convicted or found not guilty by reason of insanity, a person may still be disinherited by a finding by a preponderance of the evidence that the person participated in the willful and unlawful killing. However, this limited definition left many of Washington’s most vulnerable population exposed.

As the elderly members of our community age and become less able to independently control their affairs, many are subjected to financial exploitation and other forms of abuse. Washington law defines a vulnerable adult as a person over the age of 60 who has the functional, mental, or physical inability to care for herself or himself; an adult who has been admitted to any facility, or an adult receiving services from home health, hospice, or other licensed agencies.

The Washington legislature recognized that the vulnerability of elderly and incapacitated adults makes it easier for ill-intentioned individuals to take advantage of them. Thus, Washington’s laws recognizes that one need not kill under the traditional sense of the “slayer statute” to be disinherited.

Washington recognizes that one who financially abuses a vulnerable adult is effectively a form of a “slayer.” Under RCW 11.84.010, an “abuser” is anyone who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult.” Financial exploitation means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the vulnerable adult’s profit or advantage. Financial exploitation can occur under a plethora of circumstances, but some examples include breaching a fiduciary duty, misusing one’s authority as an attorney-in-fact, guardian, or trustee, or obtaining or using a vulnerable adult’s property, income, resources, or trust funds without lawful authority despite having knowledge that the vulnerable adult lacks the capacity to consent.

If you have questions or concerns about a living or deceased vulnerable adult, Emily Husa or another Lasher Trust and Estate litigator may be able to help. Please also contact a local agency such as Adult Protective Services if you have concerns of financial or other abuse of a vulnerable person.