Arizona Laws 46-472. Disclosures; immunity; third-party disclosures
A. Notwithstanding section 46-454, if a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the qualified individual may notify adult protective services and the corporation commission.
Terms Used In Arizona Laws 46-472
- Abuse: means :
(a) Intentional infliction of physical harm. See Arizona Laws 46-451
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Eligible adult: means either of the following:
(a) A person who is sixty-five years of age or older. See Arizona Laws 46-471
- Exploitation: means the illegal or improper use of a vulnerable adult or the vulnerable adult's resources for another's profit or advantage. See Arizona Laws 46-451
- Financial exploitation: means either of the following:
(a) The wrongful or unauthorized taking, withholding, appropriating or use of money, assets or property of an eligible adult. See Arizona Laws 46-471
- Qualified individual: means a broker-dealer, investment adviser or person who serves in a supervisory, compliance, legal or senior investor protection capacity for a broker-dealer or investment adviser. See Arizona Laws 46-471
- Services: includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. See Arizona Laws 46-101
B. A qualified individual who in good faith and exercising reasonable care makes a disclosure of information pursuant to subsection A of this section is immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the customer of the disclosure.
C. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, a qualified individual may notify any third party previously designated by or reasonably associated with the eligible adult. A qualified individual may not notify any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.
D. A qualified individual who in good faith and exercising reasonable care makes a disclosure pursuant to subsection C of this section is immune from any administrative or civil liability that might otherwise arise from the disclosure.