A. In this chapter, unless the context otherwise requires:
1. "Abuse" means:
(a) Intentional infliction of physical harm.
(b) Injury caused by negligent acts or omissions.
(c) Unreasonable confinement.
(d) Sexual abuse or sexual assault.
(e) Emotional abuse.
2. "Adult protective services central intake unit" means a unit of specialized staff within adult protective services that is responsible for receiving reports of alleged abuse, neglect or exploitation of vulnerable adults or making the necessary resource referrals.
3. "De facto conservator" means any person who takes possession of the estate of a vulnerable adult, without right or lawful authority. A de facto conservator is subject to all of the responsibilities that attach to a legally appointed conservator or trustee.
4. "De facto guardian" means any person who takes possession of the person of a vulnerable adult, without right or lawful authority. A de facto guardian is subject to all of the responsibilities that attach to a legally appointed guardian.
5. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
6. "Exploitation" means the illegal or improper use of a vulnerable adult or the vulnerable adult's resources for another's profit or advantage.
7. "Health professional" has the same meaning prescribed in section 32-3201.
8. "Informed consent" means any of the following:
(a) A written expression by the person that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind and if the consent is witnessed by at least two individuals who do not benefit by the withdrawal of services.
(b) Consent to withdraw food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health as permitted by an order of a court of competent jurisdiction.
(c) A declaration made pursuant to title 36, chapter 32.
(d) Consent by another person under a durable power of attorney relating to health care services to withdraw food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health.
9. "Neglect" means the deprivation of food, water, medication, medical services, shelter, supervision, cooling, heating or other services necessary to maintain a vulnerable adult's minimum physical or mental health.
10. "Protective services" means a program of identifiable and specialized social services that may offer social services appropriate to resolve problems of abuse, exploitation or neglect of a vulnerable adult.
11. "Protective services worker" means a person who has been selected by and trained under the requirements prescribed by the department to provide protective services.
12. "Vulnerable adult" means 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. Vulnerable adult includes an incapacitated person as defined in section 14-5101.
B. Protective services programs shall seek to maintain the adult in the adult's familiar environment by strengthening the adult's capacity for self-maintenance or by providing supportive services.
C. This section does not mean that an adult is abused, neglected or in need of protective services for the sole reason that the adult relies on treatment from a recognized religious method of healing in lieu of medical treatment.
D. For the purposes of this section, a person is not exploited by a transfer of assets if the transfer is to obtain or maintain eligibility for benefits under title 36, chapter 29 or benefits for supplemental security income, medicare or veterans' administration programs and the transfer of assets is between the person and any of the following:
1. The person's spouse.
2. The person's child with a disability.
3. A trust for the benefit of the person's spouse or child with a disability.
E. A transfer of assets for the purpose of obtaining or maintaining eligibility for benefits under title 36, chapter 29 shall comply with 42 United States Code section 1396p and sections 36-2934 and 36-2934.01.
Notes of Decisions
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
· cites it 18× “JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
Mathews v. Life Care Centers of Am., Inc., 177 P.3d 867 (Ariz. Ct. App. 2008).
· cites it 4× “Herman suffered from diabetes and dementia, which made him a vulnerable or incapacitated adult as defined by A.R.S. § 46-451(A)(5) and (10). 2 Vyntrice Mathews (“Vyntrice”), the granddaughter of Herman, had a general power of attorney to make decisions and enter agreements on…”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
· cites it 5× “§ 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act (APSA), A.R.S. §§ 46-451 through 46-459. We conclude § 12-2604 does…”
Davis v. Zlatos, 123 P.3d 1156 (Ariz. Ct. App. 2005).
· cites it 4× “A.R.S. § 46-451(A)(5) and (10). ¶ 22 The trial court found that “[i]t [was] extremely difficult to determine at what point Mrs.”
Gullett ex rel. Est. of Gullett v. Kindred Nursing Centers West, L.L.C., 390 P.3d 378 (Ariz. Ct. App. 2017).
· cites it 2× “OPINION STARING, Judge: ¶ 1 Jeffrey Gullett appeals the judgment compelling arbitration of his statutory claim for abuse and neglect of his late father Win-ford Gullett pursuant to Arizona’s Adult Protective Services Act (APSA), AR.S. §§ 46-451 to 46-459. He argues the…”
Est. of Braden Ex Rel. Gabaldon v. State, 238 P.3d 1265 (Ariz. Ct. App. 2010).
· cites it 6× “See A.R.S. §§ 46-451 to -459. If the majority's conclusion that the State and DDD (and other state agencies or political subdivisions) qualify as enterprises that have assumed a legal duty to provide care is correct, then it would also have to be true that the legislature…”
Equihua v. Carondelet Health Network, 334 P.3d 194 (Ariz. Ct. App. 2014).
· cites it 5× “” § 46-451(A)(9). The parties do not dispute that Preciado was a vulnerable adult under the APSA See § 46-455(B).”
Corbett v. Manorcare of Am., Inc., 146 P.3d 1027 (Ariz. Ct. App. 2006).
· cites it 2× “Corbett learned during discovery that Manor Care, Inc. was the parent company of several subsidiaries.”
Marika Delgado v. Manor Care of Tucson, Az, Llc,...william Amoureux, 378 P.3d 736 (Ariz. Ct. App. 2016).
· cites it 6× “OPINION HOWARD, Presiding Judge: ¶ 1 Marika Delgado, in her personal capacity and as representative of the estate of her sister, Sandra Shaw, appeals from the trial court's entry of summary judgment in favor of defendants 1 (collectively Manor Care) on Delgado’s claim for abuse…”
In Re Est. of Friedman, 177 P.3d 290 (Ariz. Ct. App. 2008).
· cites it 2× “We arrive at this conclusion after balancing the policies underlying the probate code and the Adult Protective Services Act (“APSA”), A.R.S. §§ 46-451 (2003) to -458 (Supp.2007).”
Brunet v. Murphy, 135 P.3d 714 (Ariz. Ct. App. 2006).
· cites it 2× “Brunet amended his complaint to bring a cause of action against the hospital under the Adult Protective Services Act (“APSA”), A.R.S. §§ 46-451 to -457 (1998). He claimed that the hospital “by knowingly and/or negligently hiring, retaining, training and/or supervising their…”
— Ariz. Rev. Stat. § 46-451(9) — 1 case
— Ariz. Rev. Stat. § 46-451(A) — 3 cases
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
“JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
— Ariz. Rev. Stat. § 46-451(A)(1) — 2 cases
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“§ 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act (APSA), A.R.S. §§ 46-451 through 46-459. We conclude § 12-2604 does…”
— Ariz. Rev. Stat. § 46-451(A)(1)(a) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(1)(b) — 6 cases
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
“JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
— Ariz. Rev. Stat. § 46-451(A)(1)(c) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(10) — 4 cases
— Ariz. Rev. Stat. § 46-451(A)(11) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(12) — 4 cases
— Ariz. Rev. Stat. § 46-451(A)(2) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(4) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(5) — 3 cases
Mathews v. Life Care Centers of Am., Inc., 177 P.3d 867 (Ariz. Ct. App. 2008).
“Herman suffered from diabetes and dementia, which made him a vulnerable or incapacitated adult as defined by A.R.S. § 46-451(A)(5) and (10). 2 Vyntrice Mathews (“Vyntrice”), the granddaughter of Herman, had a general power of attorney to make decisions and enter agreements on…”
Davis v. Zlatos, 123 P.3d 1156 (Ariz. Ct. App. 2005).
“A.R.S. § 46-451(A)(5) and (10). ¶ 22 The trial court found that “[i]t [was] extremely difficult to determine at what point Mrs.”
— Ariz. Rev. Stat. § 46-451(A)(6) — 4 cases
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
“JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
— Ariz. Rev. Stat. § 46-451(A)(7) — 1 case
— Ariz. Rev. Stat. § 46-451(A)(9) — 8 cases
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
“JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“§ 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act (APSA), A.R.S. §§ 46-451 through 46-459. We conclude § 12-2604 does…”
Equihua v. Carondelet Health Network, 334 P.3d 194 (Ariz. Ct. App. 2014).
“” § 46-451(A)(9). The parties do not dispute that Preciado was a vulnerable adult under the APSA See § 46-455(B).”
— Ariz. Rev. Stat. § 46-451(A)(l) — 2 cases
Equihua v. Carondelet Health Network, 334 P.3d 194 (Ariz. Ct. App. 2014).
“” § 46-451(A)(9). The parties do not dispute that Preciado was a vulnerable adult under the APSA See § 46-455(B).”
— Ariz. Rev. Stat. § 46-451(A)(l)(b) — 3 cases
Delgado v. Manor Care of Tucson AZ, LLC, 395 P.3d 698 (Ariz. 2017).
“JUSTICE GOULD, opinion of the Court: ¶ 1 In this case we are asked to determine what constitutes an actionable claim for abuse of a vulnerable adult under the Adult *311 Protective Services Act (APSA), A.R.S. §§ 46-451 through -459. We hold that such a claim requires proof that:…”
Equihua v. Carondelet Health Network, 334 P.3d 194 (Ariz. Ct. App. 2014).
“” § 46-451(A)(9). The parties do not dispute that Preciado was a vulnerable adult under the APSA See § 46-455(B).”
Marika Delgado v. Manor Care of Tucson, Az, Llc,...william Amoureux, 378 P.3d 736 (Ariz. Ct. App. 2016).
“OPINION HOWARD, Presiding Judge: ¶ 1 Marika Delgado, in her personal capacity and as representative of the estate of her sister, Sandra Shaw, appeals from the trial court's entry of summary judgment in favor of defendants 1 (collectively Manor Care) on Delgado’s claim for abuse…”
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