ELDER ABUSE: LEGAL DEFINITIONS

A.R.S.

A.R.S. stands for Arizona Revised Statutes.

Abuse
A.R.S. 46-451(A)(1) defines abuse as the intentional infliction of physical harm, injury caused by negligent acts or omissions, unreasonable confinement or sexual abuse or sexual assault. Indicators of abuse may include any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns and bone fractures.

Neglect

A.R.S. 46-451(A)(7) defines neglect as a pattern of conduct without the person’s informed consent resulting in deprivation of food, water, medication, medical services, shelter, cooling/heating or other services necessary to maintain minimum physical or mental health. Signs of neglect may include dehydration, malnutrition, signs of excess drugging or lack of medication or other misuse of medical treatment.

Exploitation

A.R.S. 46-451(A)(4) defines exploitation as the illegal or improper use of an incapacitated or vulnerable adult or his resources for another’s profit or advantage. Signs of financial exploitation may include disparity between income/assets and lifestyle, unexplained or sudden inability to pay bills, inaccurate or no knowledge of finances, fear or anxiety when discussing finances, or unprecedented transfer of assets to others.

Emotional Abuse

A.R.S. 13-3623(F)(3) defines emotional abuse as 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.

Criminal Penalties

According to A.R.S. 13-3623(A)(1)(2)(3), under circumstances likely to produce death or serious physical injury, any person who causes a vulnerable adult to suffer physical injury, or having care or custody of a vulnerable adult, causes or permits the person or health of the vulnerable adult to be injured or placed in a situation where the person or health of the vulnerable adult is endangered is guilty of a class 2 felony (if done intentionally or knowingly), a class 3 felony (if done recklessly) and a class 4 felony (if done with criminal negligence).

Duty to Report

Per A.R.S. 46-454(A), a physician, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer or other person who has the responsibility for the care of an incapacitated or vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation has occurred must make an immediate report to a peace officer or protective services worker.

Per A.R.S. 46-454(B), an attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of an incapacitated or vulnerable adult or who has the responsibility for preparing the tax records of an incapacitated or vulnerable adult or who has the responsibility for any other action concerning the use or preservation of the incapacitated or vulnerable adult’s property who discovers a reasonable basis to believe abuse, neglect or exploitation has occurred must make an immediate report to a peace officer, protective services worker or the public fiduciary in the county in which the incapacitated or vulnerable adult resides.

Other statutes applicable to elder abuse can be found under Titles 13 and 46 of the Arizona Revised Statutes.

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