Elder Abuse

Elder Neglect Attorney Phoenix

Elderly are more vulnerable to abuse of all sorts due to their dependence on others as mental faculties along with physical health decline dramatically with aging. Financial abuse is the most common type of elderly abuse which is perpetrated often by the people who are closest to a senior citizen including family members, friends, lawyers, accountants and caregivers.

The CDC defines Elder Abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk or harm to an older adult. The elderly are particularly vulnerable to physical abuse, sexual abuse, emotional of psychological abuse, neglect, and financial abuse. The problem is significant in Arizona due to our large population of retirees.
 
Elder abuse is under-reported because seniors may be afraid to report it, may feel guilty or isolated, or may not be able to make a report due to physical or mental impairment. In such cases, caregivers, physicians and others are under an affirmative duty to report the abuse. 


Arizona Elderly Abuse Statutes

Arizona has several laws in place along with federal statutes which protect financial institutions and their employees who report suspected cases of elderly financial abuse and exploitation in good faith. A.R.S. § 46-454 specifies an individual’s duty to report any abuse, exploitation, or neglect of a vulnerable or incapacitated adult.

This law specifically points out the people who are generally responsible for caregiving and the financial affairs of an elderly such as physicians, registered nurses, accountants, attorneys, social workers, surgeon, dentist, psychologist, trustee, guardian, etc. If any of the professionals mentioned above has reasons to believe that an elderly is being financially exploited or abused in any way, then it’s his fiduciary responsibility to report the case to concerned authorities.

46-456 targets those who may be in a position to exploit an elderly due to their relationship to the old which includes being responsible for his/her financial welfare. It explicitly forbids the people responsible for managing an elderly’s assets to use these assets for their personal benefit.

Arizona Elderly Abuse Attorney

If you or a loved one is a victim of elderly financial abuse and are looking for an experienced Arizona Elderly Abuse Attorney, then look no further as we’ve helped numerous senior citizens and their well-wishers in similar cases. Just contact us using our contact form or call the phone number on this site to book a free consultation.

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