§ 13.6.1 VULNERABLE ADULT ACTIONS

• Jurisdiction: Arizona

§ 13.6.1 Vulnerable Adult Actions

Civil actions to recover for abuse, neglect or exploitation of a vulnerable adult deserve special mention here in light of their frequent link to probate matters.¹⁴ The authority for such actions derives from A.R.S. §§ 46-455 and -456. Pursuant to A.R.S.
§ 46-455(H)(4), a care provider found guilty of endangering the health of or injuring a vulnerable adult by abuse or neglect, can be ordered to pay "costs of suit, to those persons injured by the conduct." Similarly, a person in a position of trust and confidence to an incapacitated or vulnerable adult, who, in a civil action, is found guilty of defrauding or financially exploiting that person may also be ordered to pay "reasonable costs and attorney fees in a civil action brought by or on behalf of a vulnerable adult." A.R.S. § 46-456(B). Because actions pursuant to these statutes survive the death of the vulnerable adult, that person's estate is frequently pursuing these actions, and, therefore, would be entitled to attorneys' fees. See A.R.S. § 46-455(P) (cause of action for abuse or neglect "shall not be limited or affected by the...