Vulnerable elders can ask for protection themselves if the person is at least sixty (60) years old and is unable to protect himself or herself from elder abuse as the result of a mental or physical condition or because of a personal circumstance, which results in an increased risk of harm.
If you are aware of a vulnerable elder who is experiencing elder abuse, but cannot or will not ask for protection themselves, you may be able to file on their behalf as a “substitute petitioner.” A substitute petitioner can include a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder, or any other person who is interested in the well-being of the vulnerable elder.
Important: A vulnerable elder has the right to contact and retain an attorney, have access to personal records, file objections, request a hearing, present evidence, and cross-examine witnesses at any hearing on the Protective Order whether the elder has asked for protection or someone has asked on the elder’s behalf.