No Minimum Amount for Arizona Elder Abuse Claim

Here is an interesting fact. There is no monetary threshold for bringing an A.R.S. 46-456 claim in Arizona. There are two different prongs (paragraphs A and B) to that statute. If a person violates either prong (by any amount!) then the penalties apply. In other words, all it takes is for a person to retitle a car or withdraw $20from an ATM in violation of the statute to be totally disinherited, be subject to treble damages, as well as the other penalties in the statute. That's pretty severe stuff. The purpose is to scare away any potential offenders. (We can debate how well it actually works.)

Also, the statute is mandatory. There is no "the court may impose the following penalties" or any soft language like that. The penalties automatically apply.

If you have a question about whether someone has abused a vulnerable adult, please give me a call.

I hope this information is helpful. Paul Deloughery
(You can contact me directly by email at paul@delougherylaw.com or phone at 602-443-4888. For more information, visit www.delougherylaw.com)

The information in this blog is general in nature and is not intended to address any particular situation.