PHOENIX — Attorney General Kris Mayes marks National Senior Citizens Day by highlighting three key ways the Attorney General’s Office is stopping physical elder abuse: eliminating secrecy clauses, establishing receiverships, and publishing a new Elder Abuse Registry.
“I ran for Attorney General on a promise to protect Arizona’s seniors from abuse and exploitation—and that’s exactly what I’ve done,” said Attorney General Mayes. “This National Senior Citizen’s Day, I’m proud to highlight my office’s efforts to end secrecy clauses, enact receiverships when grace abuse occurs, and increase transparency for loved ones’ deciding on their senior family member’s care.”
Ending the Practice of Secrecy Clauses
Attorney General Mayes secured consent judgements terminating illegal secrecy clauses in arbitration agreements used by Arizona assisted living facilities, applying to all facilities operated by Senita Ridge and Bandera Healthcare. Both operators agreed to stop using secrecy clauses, setting a precedent for transparency in assisted living facilities. Now facilities all over the state are removing secrecy clauses from their resident admission paperwork. Eliminating the secrecy clauses will allow victims to share information with the Attorney General to remedy past harm to the victim and to prevent the facilities from causing harm to other vulnerable adults in the future, as authorized by the Adult Protective Services Act (APSA).
Establishing Court-Appointed Receiverships
Following allegations of egregious elder abuse at Heritage Village Assisted Living, a Mesa elder care facility, Attorney General Mayes successfully got the Maricopa County Superior Court to appoint the first-ever receiver over a senior living facility. The receiver was installed to run the facility correctly, ensure the residents receive the care they are paying for, and permanently block the current owners from any future contact with vulnerable adults in Arizona. When repeated fines and agency punishments are not enough to deter predators who maximize profits at the expense of elderly citizens, the Attorney General’s Office now has the option to petition the court for a receiver.
Publishing a New Public Elder Abuse Registry
Attorney General Mayes has published a new Elder Abuse Registry on the Attorney General’s Website to increase transparency about allegations of abuse reported to the Attorney General’s office. The registry is a list of formal proceedings alleging APSA violations. The registry includes civil, criminal, and administrative actions involving vulnerable adults that have been reported to the Attorney General pursuant to A.R.S. § 46-457. The list is updated monthly and contains both individuals and companies.
“From uncovering egregious physical abuse at senior living facilities to increasing transparency for families deciding on their loved ones’ care, my office has made stopping senior abuse and neglect in Arizona a top priority,” said Attorney General Mayes
Attorney General Mayes created the Elder Affairs Unit at the Attorney General’s Office to focus on stopping and preventing elder abuse. Learn more at https://www.azag.gov/issues/elder-affairs