Attorney General Kris Mayes today filed a motion to intervene in a lawsuit filed by a vulnerable adult who was allegedly abused and neglected by the Senita Ridge assisted living facility. The judge had previously ordered the parties to participate in a confidential arbitration proceeding, violating Arizona’s Adult Protective Services Act. When any Arizonan files a lawsuit alleging abuse or neglect of a vulnerable adult, they are required by law to notify the Attorney General. This process allows the Attorney General’s Office to track the lawsuit and potentially join the case.
Families who move their loved ones to assisted living facilities often sign arbitration agreements without even realizing what they are signing. Although private arbitration can be an effective way to resolve legal disputes, the agreements cross a legal line when they require the parties to keep allegations of elder abuse secret. The Adult Protective Services Act gives the Attorney General the right to intervene in any elder abuse case not only to remedy past harm to the victim, but to prevent the facilities from causing harm to other vulnerable adults in the future. Under the Act, the Attorney General can ask the courts for remedies ranging from permanent injunctions against abusive behavior all the way up to forcing out facility owners or even dissolving the entity entirely.
