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ELDER ABUSE

Elder abuse can relate to harm to the person or financial misconduct.  “Abuse” means intentional infliction of physical harm, injury caused by negligent acts or omissions, unreasonable confinement, sexual abuse, or sexual assault.  Elder abuse involves a person in a position of trust or confidence who is caring for someone who suffers from some type of “incapacity” (impairment by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause, to the extent that the person lacks sufficient understanding or capacity to make or communicate informed decisions concerning his/her person) or a “vulnerable adult” (which means an individual who is eighteen years of age or older who is unable to protect himself/herself from abuse, neglect, or exploitation by others because of a physical or mental impairment).  See A.R.S. § 46-451(A)(1), (5) and (10).

Any physician, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer, or other person who has responsibility for the care of an incapacitated or vulnerable adult and who has a reasonable basis to believe that abuse or neglect of the adult has occurred, or that exploitation of the adult’s property has occurred, has a duty to immediately report (or cause reports to be made of such reasonable basis) to a peace officer or to a protective services worker.  See A.R.S. § 46-454.  

If a person who has been employed to provide care, who is in the position of a de facto guardian or de facto conservator, or who has been appointed by a court to provide care to the incapacitated or vulnerable adult, and who causes or permits the life of the adult to be endangered, or that person’s health to be injured or endangered by neglect, is guilty of a Class 5 felony.  In addition, that person is subject to civil liability for damages under the same section, with certain limitations for medical providers.  Civil damages may consist of actual and consequential damages, as well as punitive damages, costs of suit, and reasonable attorney’s fees to those persons injured by the conduct described above.