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Arizona’s Adult Protective Services Act, “APSA” for short, was adopted to expand the rights and claims to remedy abuse, neglect and financial exploitation of Arizona’s large population of vulnerable adults. Arizona courts are required to construe the statute broadly to protect vulnerable adults.  You can find a comprehensive discussion of financial exploitation claims here on our website. In summary, there are four basic requirements to establish a claim for financial exploitation in Arizona pursuant to…
Arizona has a large population of vulnerable adults.  Arizona adopted the Adult Protective Services Act (“APSA”) in 1980.  The Arizona legislature has amended and supplemented APSA several times since. The goal of APSA is to protect Arizona’s large population of vulnerable adults from abuse, neglect and financial exploitation.  In order to further the objective of protecting vulnerable adults, in 2006, Arizona added A.R.S. § 46-459, which provides for the Adult Protective Services Registry. Pursuant to…
Hearsay Rule Defined Under Arizona Rules of Evidence 801 and 802, hearsay is inadmissible unless an exception applies.  Rule 801(c) defines hearsay as a statement that: (1) the declarant does not make while testifying at the current trial or hearing and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (Emphasis added.) Although relatively clear, to further define the rule, a “statement” is a “person’s oral assertion,…
As we continue to deal with the cascading health and economic effects of the Coronavirus (COVID-19), we have compiled and are constantly updating a list of and links to Administrative Orders, Executive Orders and other resources helpful to attorneys practicing in Maricopa County, Arizona.   We will monitor new developments and try to keep the list updated.  Please let us know if you are aware of something that we should include.  In some cases, additional orders…
The United States is growing old!  The National Academy of Sciences Engineering Medicine reports that the number of U.S. citizens ages 65 and older is going to nearly double from 2017 to 2060.  Twenty percent of our country will be over age 60 by 2030, and, for the first time in history, by the year 2034 there will be more people over age 65 than under the age of 18.  We are also seeing this…
The past several weeks have tested us all.  While the near future remains uncertain, we will surely prevail over our current crisis.  We wish you all the best of health, safety, strength and peace during these trying and unprecedented times!As we continue to monitor and adjust to ongoing developments caused by the Coronavirus (COVID-19), nothing will compromise our commitment to keep our employees and clients safe, while still taking care of the matters that our…
The death of a loved one is traumatic enough.  Disputes over the power to control the disposition of remains in Arizona only adds to the stress.  So, what happens when a person dies without leaving clear instructions for cremation or burial of his remains? Who gets to decide? Ghostley- Decedent’s Remains In Purgatory In the Matter of the Remains of James David Ghostley, Deceased, No. 2 CA-CV 2018-0197, January 22, 2020, these questions were…
Settlement agreements are an often used alternative to lengthy, expensive probate, trust and estate litigation and trial in Arizona. A settlement agreement is typically a binding agreement that usually disposes of the case without further litigation. Under most circumstances, only parties to the agreement will be bound by the terms of a settlement agreement. This method of resolution may get sticky when the litigation involves the trustee or trustees of a trust and some of…
Under Arizona law, at the time of appointment, the personal representative of an estate must provide notice to creditors, known and unknown. For unknown creditors, the personal representative must publish a notice to creditors in a newspaper of general circulation in the county where the decedent lived. For known creditors, the personal representative must give notice by mail or other delivery. Creditors of the estate then have four months after publication or sixty days after…