Daughter Can File Exploitation Complaint, Though She May Lose
Who can file an exploitation complaint, alleging financial abuse of a vulnerable adult? In Arizona, a court-appointed conservator can file with the courts. So can the personal representative of the victim’s estate. But what about family members who feel that their loved one has been victimized? Financial exploitation of vulnerable seniors is a huge, and […]
Undue Influence and Limited Capacity Do Not Necessarily Justify Conservatorship
OCTOBER 31, 2016 VOLUME 23 NUMBER 41 In our legal practice, we frequently deal with individuals with limited capacity. Sometimes we speak of them being “incapacitated” or “incompetent.” Sometimes they are “disabled,” or qualify as “vulnerable adults,” or are subject to “undue influence.” But each of those terms means something specific, and some variations even […]
Guardianship / Conservatorship Petition Backfires on Son Who Exploited Mother
MAY 2, 2016 VOLUME 23 NUMBER 17 When a litigant asks the court for particular relief, lawyers call the request a “prayer.” It isn’t always as spiritual or respectful as that sounds, but it does give us a chance to offer good generalized legal — and life — advice: be careful what you pray for. […]
Exploitation of a Vulnerable Adult, or Not? You Judge
NOVEMBER 16, 2015 VOLUME 22 NUMBER 42 This week we’re going to ask you to be the judge. We’re going to tell you a story, then give you a moment to decide what you think should be the outcome of a lawsuit. Once you’ve decided, we’ll tell you what actually happened in the courts. Ready? […]
Exploitation of Vulnerable Senior Leads to Disinheritance
JANUARY 27, 2014 VOLUME 21 NUMBER 4 Arizona has a relatively strong statute dealing with exploitation of vulnerable adults. An exploiter can be charged criminally, and might receive a longer sentence or larger fine because of the victim’s vulnerability. But the strongest part of the Arizona law is probably the provision that lets the victim […]
Reporting Abuse, Neglect or Exploitation of Vulnerable Adults
DECEMBER 23, 2013 VOLUME 20 NUMBER 48 As people live longer and the elderly population increases, so does the likelihood of abuse, neglect and exploitation of vulnerable adults. Lawyers, accountants, doctors, nurses, caretakers, bankers — indeed, any professional — faces a growing probability that at some point they will be confronted with the issue of […]
“Grandma, it’s me and I need your help.” Don’t Be Fooled By This Scam
APRIL 2, 2012 VOLUME 19 NUMBER 13 We have been hearing lately about a scam that targets seniors. You get a telephone call from a number you don’t recognize. When you answer, the person on the other line says: “Grandma, it’s me, and I need your help.” You learn that your grandchild has been detained […]
Physical Limitations Can Lead to “Vulnerable Adult” Finding
MARCH 12, 2012 VOLUME 19 NUMBER 10 Georgia Griffin (not her real name) moved from Kansas to Arizona in 1997. She lived in her own townhome in Sun City West, a retirement community northwest of Phoenix, until 2001, when she moved in next door to her daughter Barbara, who lived in Scottsdale. Georgia’s story was […]
What is the Value of a Senior’s Life?
SEPTEMBER 6, 2010 VOLUME 17 NUMBER 28 The question addressed in a ruling last month by the Arizona Court of Appeals seems provocative. In a lawsuit based on the Arizona law prohibiting abuse, neglect or exploitation of vulnerable adults, does the very life of the abused senior have any intrinsic value? The Court’s answer: perhaps, […]
