What qualifies as elder abuse or nursing home abuse is a higher duty or fiduciary (a person in a position of trust) whom has legally violated their responsiblities through neglect or abuse.
Who is involved in elder abuse cases is the higher duty and the “vulnerable” or “incapacitated” adult.
Why elder abuse is a separate legal concern is because when the care givers or nursing home establishment, neglects their patients and or causes harm to them, they breach their fiduciary duty to care for the vulnerable adults.
How wrongdoers are prosecuted in this instance is through a civil action for damages up to three times the amount of the actual damages, pursuant to A.R.S. § 46-456(C).
