According to the US Census, 1 in 6 Americans are over the age of 65 right now, so protecting older adults from exploitation and abuse is becoming increasingly critical.
Arizona, known for its vibrant retirement communities and swelling senior population, has taken significant steps to safeguard its most vulnerable residents. Almost 19% of the state’s 7.4 million residents are 65 or older.
Arizona’s Adult Protective Services Act (APSA) is an essential piece of legislation designed to protect elderly or incapacitated individuals from mistreatment and financial exploitation.
Enacted in 1980, this law provides comprehensive protections and establishes a framework for reporting and addressing mistreatment. Let’s delve into the key aspects of the APSA, its implementation, and its impact on Arizona’s communities.
Crucial Protection
Per A.R.S. § 46-451(A)(10), a “vulnerable adult” is defined as any person 18 years or older who cannot protect themselves from abuse, neglect, or exploitation due to physical or mental impairment. This broad definition encompasses not only the elderly but also adults with disabilities or chronic conditions that may impact their ability to self-advocate.
The APSA addresses three primary forms of mistreatment:
- Abuse: Including physical, sexual, and emotional abuse, unreasonable confinement, and intentional infliction of harm
- Neglect: Failure to provide basic needs such as food, hydration, medical care, or shelter
- Exploitation: Improper use of a vulnerable adult’s resources for another’s profit or advantage
Emerging evidence indicates that the prevalence of abuse of older people in both the community and institutional settings has grown, according to the World Health Organization, and that is expected to rise as the global population of people aged 60 years and more increases to 2 billion by 2050.
With the incoming “Silver Tsunami” and Arizona’s increasing popularity as a happening retirement location, ensuring the rights and well-being of aging and infirm individuals is a vital concern.
Mandatory Reporting
One of the most meaningful aspects of APSA is its mandatory reporting requirement. Certain professionals, including healthcare providers, social workers, and law enforcement officers, are legally obligated to report suspected abuse, neglect, or exploitation of vulnerable adults via phone, the online reporting form (linked above), or in person to a state-certified peace officer.
In February 2019, Governor Ducey issued Arizona Executive Order 2019-03 Relating
to Enhanced Protections for Individuals with Disabilities. This Executive Order directed the
Arizona Health Care Cost Containment System (AHCCCS), the Arizona Department of Health
Services (ADHS), and the Department of Economic Security to convene the Abuse and Neglect Prevention Task Force to make recommendations to protect and improve care for individuals with disabilities.
Effective October 1, 2020, three new provisions for AHCCCS Managed Care Contractors, including the Department of Economic Security’s Division of Developmental Disabilities (DES/ DDD), added additional protections for vulnerable adults:
- Requiring employers to perform a pre-employment search of the state’s Adult Protective Services (APS) registry, which lists persons determined to have abused, neglected, or exploited a senior citizen.
- Mandatory policies, signage, and training aimed at educating and preventing abuse.
- Corporate Governance applying to providers of services to Children and/ or Vulnerable Adults (as defined by A.R.S. §46-451(A)(10)).
Arizona’s Adult Protective Services (APS) plays a critical role in carrying out the APSA’s goals. APS is a state agency dedicated to investigating reports of abuse, neglect, or exploitation and intervening when necessary to protect vulnerable or disabled adults.
APS functions under the Arizona Department of Economic Security (DES) and is responsible for:
- Receiving and investigating reports of abuse, neglect, or exploitation.
- Providing intervention services to safeguard vulnerable adults from immediate danger.
- Collaborating with law enforcement when criminal activity, such as physical abuse or financial exploitation, is suspected.
- Helping secure necessary guardianship or conservatorship arrangements when family members or others need to step in to manage the affairs of their loved one.
In many cases, the APS is the first point of contact when someone suspects that an aging or incapacitated individual is in danger. After receiving a report, APS will typically initiate an investigation, assessing the vulnerable adult’s physical and mental condition, living arrangements, and the behavior of caregivers or family members.
However, the Arizona Public Health Association released a report in September 2023 that found that Arizona’s APS system “lacked direction” and does not adequately protect vulnerable adults from abuse and neglect. During the reporting period, “APS substantiated less than 1% of reports of abuse and neglect compared with national substantiation rates of between 29% and 33%.”
Legal Remedies and Ramifications
The APSA provides both civil and criminal remedies for violations, and concerned families may want to consult with an Arizona attorney experienced in issues relating to elder law, probate, guardianship, and conservatorship for the protection and management of individuals who are unable to make decisions or handle their affairs.
Victims or their representatives can file civil lawsuits against perpetrators and, in some cases, the enterprises that employ them. In Denton v. Superior Court, the AZ Supreme Court acknowledged that “the claim for pain and suffering will often be the most significant element of damages.” Other damages may include funds for health care or therapy, court costs and attorney’s fees, and treble damages for financial exploitation.
APSA-related offenses can also result in criminal charges, ranging from misdemeanors to felonies, depending on the severity of the mistreatment.
The Act’s provisions for enterprise liability mean that facilities can be held responsible for the actions of their employees, even if those actions fall outside the scope of employment. This expanded liability aims to encourage better oversight and prevention of abuse.
Compassionate Experts On Your Side
It’s essential to be aware of the signs of abuse, neglect, or exploitation of those who cannot care for themselves or need assistance with daily activities. These include burns, bruising, broken glasses, inappropriate clothing, body odor, malnutrition, swelling of extremities, dental issues, changes in behavior, and hazardous living conditions.
Seeing your loved ones needlessly suffer can be painful and depressing, especially if you are out of the state and unable to offer direct assistance. Reporting your suspected incidents immediately through the proper channels is vital.
At the Law Offices of J. Jeltes, we have over 20 years of experience assisting our clients through challenging and personally difficult family and estate law matters in Illinois and Arizona. We’re here to help you protect and ensure the rights of your most vulnerable family members — reach out to us today!
