Claims for Exploitation of a Vulnerable Adult |
 |
Vulnerable or incapacitated adults are sometimes the subject of financial exploitation. Arizona law includes a statute specifically dealing with such situations. A.R.S. 46-456(A) provides that
A person who is in a position of trust and confidence to a vulnerable adult shall use the vulnerable adult’s assets solely for the benefit of the vulnerable adult and not for the benefit of the person who is in the position of trust and confidence to the vulnerable adult or the person’s relatives unless either of the following applies:
1. The superior court gives prior approval of the transaction.
2. The transaction is specifically authorized in a valid durable power of attorney that is executed by the vulnerable adult as the principal or in a valid trust instrument that is executed by the vulnerable adult as a settlor.
A vulnerable adult is defined as “an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment.” A vulnerable adult also includes an incapacitated person:
Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.
The penalties for exploitation in violation of the statute are severe, so it is important to have an experienced attorney. Our law firm handles all types of estate and property disputes, including pursuing and defending against exploitation claims.
If you or a loved one believe that there has been exploitation or you are wrongly accused of exploitation, contact our attorneys. We aggressively pursue all types of exploitation, estate, trust and probate matters.
