Vulnerable Adult & Elder Abuse | Arizona Law ARS 13-3623

Who is Considered a Vulnerable Adult? 

In Arizona, a vulnerable adult is defined as any individual who is 18 years or older and unable to protect themselves from abuse, neglect, or exploitation due to a physical or mental impairment. This definition includes those with disabilities, cognitive impairments, or any condition that limits their ability to care for themselves independently.

What are the Forms of Elder Abuse? 

Elder abuse includes behaviors that can harm older adults, and understanding these types can help in addressing and preventing them. 

⑴ Physical Abuse

Physical abuse involves the use of force that may result in bodily injury, physical pain, or impairment. It includes:

• Hitting: Striking the elder with hands or objects.
• Slapping: Open-hand strikes to the face or body.
• Pushing or Shoving: Forcefully moving the elder, causing falls or injuries.
• Improper Restraint: Using physical or chemical restraints improperly.

Victims of physical abuse often exhibit bruises, cuts, fractures, or signs of being restrained.

⑵ Emotional Abuse

Emotional abuse, also known as psychological abuse, involves inflicting mental pain, anguish, or distress through verbal or non-verbal acts. Examples include:

• Verbal Assaults: Insults, threats, or harsh criticism.
• Humiliation: Ridiculing or demeaning the elder.
• Isolation: Keeping the elder away from friends, family, or social activities.
• Intimidation: Using threats or menacing behavior to control the elder.

Emotional abuse can lead to severe anxiety, depression, and withdrawal from social interactions.

⑶ Sexual Abuse

Sexual abuse includes any non-consensual sexual contact with an elder. It encompasses a range of actions such as:

• Unwanted Touching: Inappropriate physical contact.
• Assault: Forcing the elder to engage in sexual acts.
• Sexual Harassment: Making sexual comments or advances.

Signs of sexual abuse may include unexplained injuries to the genital area, sexually transmitted infections, or behavioral changes.

⑷ Financial Exploitation

Financial exploitation involves the unauthorized use of an elder’s funds, property, or assets. This type of abuse can include:

• Theft: Stealing money, property, or valuables.
• Fraud: Deceiving the elder into signing documents or making financial decisions.
• Scams: Engaging in schemes to defraud the elder, such as lottery or telemarketing scams.
• Misuse of Power of Attorney: Using legal authority to benefit the abuser financially.

Financial exploitation can lead to significant financial loss and reduced quality of life for the elder.

⑸ Neglect

Neglect is the failure to provide necessary care, resulting in harm or risk of harm to the elder. Neglect can be intentional or due to a lack of resources or knowledge. Types of neglect include:

• Basic Needs Neglect: Failing to provide adequate food, water, clothing, or shelter.
• Medical Neglect: Ignoring health care needs, failing to administer medications, or not seeking medical treatment.
• Hygiene Neglect: Not assisting with personal hygiene, leading to poor cleanliness and health issues.
• Emotional Neglect: Failing to provide social interaction or emotional support.

Neglect often results in malnutrition, dehydration, untreated medical conditions, and poor living conditions.

Can Elder Abandonment be Considered Abuse? 

Yes, elder abandonment is considered elder abuse in Arizona. Abandonment occurs when a caregiver willfully deserts an elderly person who is 18 years of age or older and cannot care for themselves, leaving them without necessary support and resources. 

This can include leaving the elderly person alone in a public place, at home without necessary care, or in an unsafe environment without notifying appropriate authorities or making arrangements for their continued care.

Caregivers who commit this offense can face serious legal consequences, including charges ranging from a Class 4 Felony for intentional abandonment resulting in harm to a Class 6 Felony for criminally negligent abandonment.

How Does Arizona Law Penalize Elder Abuse Charges 

Arizona law under ARS 13-3623 imposes severe penalties for elder abuse, reflecting the state’s commitment to protecting vulnerable adults. The penalties vary based on the circumstances and the level of harm caused. Here is a breakdown of the penalties:

⑴ Severe Circumstances Likely to Produce Death or Serious Physical Injury

• Class 2 Felony: If the abuse is done intentionally or knowingly, it is classified as a class 2 felony. If the victim is under fifteen years of age, it is punishable under section 13-705.
• Class 3 Felony: If the abuse is done recklessly, the offense is classified as a class 3 felony.
• Class 4 Felony: If the abuse is done with criminal negligence, the offense is classified as a class 4 felony.

⑵ Less Severe Circumstances Not Likely to Produce Death or Serious Physical Injury

• Class 4 Felony: Intentionally or knowingly causing physical injury or abuse falls under this category.
• Class 5 Felony: Reckless actions that cause harm are classified as a class 5 felony.
• Class 6 Felony: Acts of criminal negligence resulting in harm are classified as a class 6 felony.

⑶ Emotional Abuse in Care Settings

• Class 6 Felony: Intentionally or knowingly engaging in emotional abuse of a vulnerable adult in a health care setting or permitting such abuse can result in a class 6 felony charge.

What Do Investigators Look for in Elder Abuse Cases?

Investigators play an important role in identifying and addressing elder abuse cases. When assessing whether abuse has occurred, they look for a variety of signs and evidence. Here are the key aspects that investigators examine in elder abuse cases:

▶ Physical Signs

• Injuries: Unexplained bruises, cuts, burns, fractures, or other physical injuries.
• Malnutrition and Dehydration: Signs of severe weight loss, poor skin condition, and dehydration.
• Poor Hygiene: Indications of neglect such as unclean clothes, body odor, and untreated medical conditions.
• Bedsores: Pressure ulcers from prolonged bed rest without proper care.

▶Behavioral Signs

• Changes in Behavior: Sudden withdrawal, anxiety, depression, or fearfulness around certain individuals.
• Confusion or Disorientation: Unexplained changes in mental status that might indicate emotional or psychological abuse.
• Reluctance to Speak: Hesitation or fear when talking about certain topics or individuals, suggesting intimidation or control.

▶Environmental Signs

• Unsafe Living Conditions: Poor living environments, such as lack of heating or cooling, unsanitary conditions, or inadequate facilities.
• Lack of Essential Items: Absence of necessary items like food, medications, or basic hygiene products.
• Isolation: Restriction from social interactions, family, or friends.

▶Financial Signs

• Unusual Transactions: Unexpected withdrawals, changes in banking habits, or sudden financial difficulties.
• Changes in Legal Documents: Unexplained changes in wills, power of attorney, or property titles.
• Missing Assets: Personal belongings or assets that are unaccounted for or missing.

▶Witness Testimonies

• Interviews: Statements from the victim, caregivers, family members, and other relevant individuals.
• Observations: Noting the interactions between the elder and their caregivers or family members.

Investigators gather this evidence to build a comprehensive understanding of the situation and determine whether abuse has occurred. 

Defense Strategies For an Elder Abuse Case 

Defending against elder abuse charges requires a thorough understanding of the legal framework and careful examination of the evidence. At our firm, we employ various defense strategies tailored to the specifics of each case, aiming to protect the defendant’s rights and achieve the best possible outcome.

 Here are some common defense strategies that attorneys might use in an elder abuse case:

① Lack of Intent

One of the primary defenses is proving that the accused did not have the intent to harm. This can be particularly relevant in cases where the alleged abuse resulted from misunderstanding or miscommunication.

• Accidental Harm: Demonstrating that any injury was accidental and not the result of intentional actions.
• Lack of Awareness: Showing that the defendant was unaware of the specific needs or conditions that led to the alleged abuse or neglect.

② Insufficient Evidence

Challenging the sufficiency and reliability of the evidence is another key defense strategy.

• Questioning Witness Credibility: Highlighting inconsistencies in witness statements or questioning the credibility of witnesses.
• Lack of Physical Evidence: Arguing that there is insufficient physical evidence to support the claims of abuse and neglect.

③ Medical Explanations

In some cases, medical conditions or other health-related issues may explain the signs of alleged abuse.

• Pre-existing Conditions: Providing evidence that the elderly person’s injuries or condition were due to pre-existing medical issues rather than abuse or neglect.
• Natural Causes: Demonstrating that certain symptoms or injuries could naturally occur due to aging or health complications.

④ Consent

If the elder consented to certain actions or treatments, this can be used as a defense.

• Informed Consent: Showing that the elder or their legal representative gave informed consent for actions that are now being questioned.
• Legal Documentation: Providing evidence of documented consent, such as a signed waiver or agreement.

⑤ False Accusations

Unfortunately, false accusations can occur due to family conflicts, financial motives, or misunderstandings.

• Motives for False Allegations: Identifying potential motives behind false accusations, such as financial gain or personal vendettas.
• Alibi: Providing evidence that the defendant was not present when the alleged abuse occurred.

⑥ Care Standards

Establishing that the care provided met acceptable standards can be a valid defense.

• Standard of Care: Demonstrating that the care given was in line with professional standards and guidelines.
• Expert Testimony: Using expert witnesses to testify about the appropriateness of the care provided.