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EspañolWhat is Vermont’s definition of a vulnerable adult?
For the purposes of getting a relief from abuse, neglect, or exploitation order, a vulnerable adult is defined as any adult who falls into one or more of the following categories:
- lives in:
- a licensed long-term care facility;
- a psychiatric hospital; or
- the psychiatric unit of a hospital;
- receives help with personal care for more than one month from a home health agency or person;
- is eligible to get Long-Term Medicaid waiver services;
- has:
- a disability;
- limitations from brain damage or a mental condition; or
- limitations based on age that reduce their ability to independently:
- dress;
- bathe or maintain personal hygiene;
- get in and out of bed;
- use the toilet;
- communicate or use the phone;
- prepare and eat meals;
- move in or maintain their home;
- take medication;
- manage money;
- do their laundry;
- shop;
- use transportation;
- maintain any adaptive equipment; or
- manage any other aspect of their personal care without assistance; or
- is not fully able to protect themselves from abuse, neglect, or exploitation.1
1 VT ST 33 § 6902(34)
How does the law define “abuse,” “neglect,” and “exploitation” in Vermont?
For the purposes of getting this type of order, Vermont defines the terms as follows:
Abuse means:
- a medical treatment or other action that does either of the following things, either on purpose or carelessly:
- endangers the vulnerable adult’s life, health, or welfare; or
- is likely to hurt the vulnerable adult’s health;
- behavior that unnecessarily causes harm, pain, or suffering to the vulnerable adult, whether it was done on purpose or carelessly:
- confinement, isolation, or restraint of the vulnerable adult;
- interference with the vulnerable adult’s freedom of movement, unless it is necessary to protect them or others;
- any sexual activity or acts with anyone when the vulnerable adult does not or cannot consent;
- actions that cause serious emotional or psychological distress to the vulnerable adult;
- giving or threatening to give a drug or other substance to the vulnerable adult that is not a legitimate medical or therapeutic treatment;
- withholding necessary:
- medication;
- care;
- medical equipment; or
- treatment; or
- causing a vulnerable adult to ask for or agree to get or not get treatment by:
- lying;
- force;
- threat;
- undue influence;
- harassment;
- duress; or
- fraud.1
Neglect happens when a caregiver fails to do something that results or could result in physical or psychological harm. The failure can be either careless or on purpose. This includes a failure to:
- provide care, goods, or services that are necessary to maintain the vulnerable adult’s health or safety, including:
- food;
- clothing;
- medicine;
- shelter;
- supervision; and
- medical services, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive;
- try to protect the vulnerable adult from abuse, neglect, or exploitation by others;
- carry out a plan of care for the vulnerable adult, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive; or
- report significant health changes to the vulnerable adult’s medical professional, if the caregiver works for an organization that provides personal care.2
Neglect does not include any actions the vulnerable adult takes themselves.2
Exploitation means doing any of the following to a vulnerable adult:
- using, taking, moving, or spending the vulnerable adult’s money or property on purpose and without permission;
- getting, sharing, or using the image, likeness, personal accounts, or documents of the vulnerable adult without permission;
- breaching a legal duty owed to the vulnerable adult by:
- a guardian;
- an agent; or
- someone else who has a legal duty (fiduciary);
- getting or trying to get or control the vulnerable adult’s money or property through:
- lies;
- force;
- threat;
- undue influence;
- harassment;
- coercion; or
- fraud;
- refusing to return money or property when the vulnerable adult or their representative asks for it;
- purposely not using the vulnerable adult’s money or assets to support the vulnerable adult; or
- pressuring or convincing the vulnerable adult to work without enough pay in order to benefit someone else.3
1 VT ST 33 § 6902(1)
2 VT ST 33 § 6902(21)
3 VT ST 33 § 6902(13)
How does the law define an interested person?
In Vermont, an interested person is:
- a representative of the vulnerable adult;
- a staff member of Adult Protective Services;
- the Commissioner of Disability, Aging, and Independent Living; or
- someone appointed by the Commissioner of Disability, Aging, and Independent Living.1
1 VT ST 33 §§ 6902(16); 6931
What types of orders exist? How long do they last?
There are two types of orders for relief from abuse, neglect, or exploitation of vulnerable adult: the temporary ex parte order and the final order.
Temporary ex parte order for relief from abuse, neglect, or exploitation
The vulnerable adult or interested person can request an order for relief from abuse, neglect, or exploitation at any time, even when the court is not in session.1 The judge can issue a temporary order without notice to the abuser (ex parte) if the judge believes that:
- the abuser abused, neglected, or exploited the vulnerable adult; and
- serious and irreversible (irreparable) harm to the health or financial interests of the vulnerable adult will happen without the ex parte order.2
Every temporary order must include the time, date, and location of the hearing where the abuser can appear to petition the court to change (modify) or dismiss the order. At this hearing, the judge will decide whether or not a final protective order should be issued. If the temporary order cannot be served before the hearing, the vulnerable adult or interested party can ask the judge for more time to serve the abuser. Then, the judge will reschedule the hearing and extend the terms of the temporary order until the next court date.3
If an interested person files for an order, the vulnerable adult must also be given notice. See Someone filed a petition claiming I am a vulnerable adult. What can I do? for more information.
Final protective order for relief from abuse, neglect, or exploitation
A final relief from abuse order is designed to offer longer-lasting and more complete protection than a temporary order. It can last for a “fixed period” of time.4 A final order can be issued only after:
- the abuser receives notice of the hearing; and
- the petitioner and the abuser both have a chance to tell their sides of the story at the final hearing.5
If you filed on your own behalf, you can present evidence and witnesses to prove you were abused. However, it may be best to be represented by a lawyer, especially if the abuser has one. See our Vermont Finding a Lawyer page if you want to hire someone to represent you.
1 VT ST 33 §§ 6936(d); 6938(c)
2 VT ST 33 § 6936(a)
3 VT ST 33 § 6936(c)
4 VT ST 33 § 6935(a)
5 VT ST 33 § 6934
What protections can be included in a relief from abuse, neglect, or exploitation order?
If the judge finds that the abuser has abused, neglected, or exploited a vulnerable adult, they can order any of the following:
- require the abuser to:
- immediately leave the vulnerable adult’s home;
- not contact, come within a certain distance of, or communicate with the vulnerable adult, either directly or through someone else;
- not stalk the vulnerable adult;
- immediately return any money, checks, or property belonging to the vulnerable adult;
- cooperate in the transfer of the vulnerable adult’s care to ensure their safety and well-being;
- not access, sell, take, or move the vulnerable adult’s:
- money;
- accounts; or
- property;
- direct delivery of the following to the vulnerable adult or their representative:
- care plans;
- medicines;
- doctor’s orders; and
- medical records;
- the immediate return of any of the vulnerable adult’s personal documentation, including:
- identification documents;
- insurance information;
- financial records; and
- immigration documentation;
- the end of any access, sharing, or use of the vulnerable adult’s:
- identifying information;
- image; or
- likeness;
- who will have possession, care, and control of the vulnerable adult’s animal, whether owned, leased, or kept as a pet; and
- anything else the judge believes is necessary to protect the vulnerable adult.1
1 VT ST 33 §§ 6933(a); 6935(a)
