RCW 11.84.160
Abuser determination—Evidence factors.
(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:
(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.]
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.84 - Inheritance Rights of Slayers or Abusers.
11.84.020 - Slayer or abuser not to benefit from death.
11.84.025 - Disposition of retirement system proceeds payable to slayer or abuser.
11.84.030 - Slayer or abuser deemed to predecease decedent.
11.84.040 - Distribution of decedent's property.
11.84.050 - Distribution of property held jointly with slayer or abuser.
11.84.060 - Reversion and vested remainder.
11.84.070 - Property subject to divestment, etc.
11.84.080 - Contingent remainders and future interests.
11.84.090 - Property appointed—Powers of revocation or appointment.
11.84.100 - Insurance proceeds.
11.84.110 - Payment by insurance company, bank, etc.—No additional liability.
11.84.120 - Rights of persons without notice dealing with slayer or abuser.
11.84.130 - Record of conviction as evidence against claimant of property.
11.84.140 - Slayer determination—Conviction—Preponderance of evidence.
11.84.150 - Abuser determination—Conviction—Clear, cogent, and convincing evidence.
11.84.160 - Abuser determination—Evidence factors.
11.84.170 - Abuser—When entitled to property interest.