Arizona Adult Protective Services Definitions
The following information gives definitions to assist in determining signs of abuse, neglect and exploitation. These factors should be considered when evaluating a facility and in how (and to whom) to report these cases.
Refer to the corresponding Arizona Revised Statutes (A.R.S.) for more information.
Vulnerable Adult
Definition
A.R.S. § 46-451(A)(10)
"Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in section 14-5101.
A.R.S. §14-5101(3)
"Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if the person files a petition and has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02.
Abuse
Definition
A.R.S. § 46-451(A)(1)
"Abuse" means:
- Intentional infliction of physical harm.
- Injury caused by negligent acts or omissions.
- Unreasonable confinement.
- Sexual abuse or sexual assault.
- Emotional abuse.
Signs of Abuse
Include, but are not limited to:
- Unexplained bruises, welts, sores, cuts or abrasions in places they would normally not be expected
- Bruising and other injuries may be in different stages of healing
- Bruising or other markings reflect the shape of the objects used to inflict the injuries, e.g., electrical cord or belt buckles, etc.
- Bilateral bruising on upper arms from shaking
- Fractures in different stages of healing
- Cigar and cigarette burns
- Submersion burns, e.g., sock like, glove like, doughnut like shaped on buttocks. Can also be patterned like objects used, i.e., electric burner
- Rope burns on arms/wrists, legs/ankles from improperly tying or bandaging the client
Neglect
Definition
A.R.S. § 46-451(A)(7)
"Neglect" means the deprivation of food, water, medication, medical services, shelter, supervision, cooling, heating or other services necessary to maintain a vulnerable adult's minimum physical or mental health.
Signs of Neglect
Include, but are not limited to:
- Bedsores (pressure sores)
- Unkempt, dirty, body odor, feces on body
- Clothing is insufficient or inappropriate for the weather
- Fleas & lice on individual
- Malnourished & dehydrated
- Little or no food available
Signs of Self-Neglect
Please note - this is not a legal definition
An adult’s inability due to physical or mental impairment diminished capacity, to perform essential self-care tasks, including:
- Obtaining essential food, clothing, shelter, and medical care
- Obtaining goods and services necessary to maintain physical health, mental health or general safety
- Managing one’s own financial affairs
- Soiled or urine-soaked bedding
Exploitation
Definition
A.R.S. § 46-451(A)(5)
"Exploitation" means the illegal or improper use of a vulnerable adult or the vulnerable adult's resources for another's profit or advantage.
APS investigates exploitation of a vulnerable adult and/or exploitation of the vulnerable adult's resources.
Perpetrators are often someone the victim knows - like a friend, family member, neighbor, or caregiver. Warning signs for exploitation include a victim:
- Losing access to money, property, or belongings. This could mean missing cash, access to bank accounts, precious items, or credit cards.
- Being accompanied by another person who speaks for them, hurries them, or seems to control what they do.
- Being isolated from family or friends by another person.
- Signing over ownership of vehicles, their home, or other items.
- Becoming upset, embarrassed or confused when talking about money.
- No longer paying bills or taking care of necessary expenses, even if they have enough money.
- Having someone share improper or inappropriate photos or videos of them without their permission.
- Being forced to commit a crime through fear, like dealing illegal drugs or prescription medication.
Arizona State Resources
Pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and other nondiscrimination laws and authorities, ADES does not discriminate on the basis of race, color, national origin, sex, age, or disability. Persons that require a reasonable modification based on language or disability should submit a request as early as possible to ensure the State has an opportunity to address the modification. The process for requesting a reasonable modification can be found at Equal Opportunity and Reasonable Modification