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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
vulnerable adults; theft; definitions
Purpose
Modifies the definitions of vulnerable adult and position of trust and confidence as the terms relate to a person who commits theft against a vulnerable adult.
Background
A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property with the intent to deprive the vulnerable adult while acting in a position of trust and confidence. Theft of property or services is classified by value and is a: 1) class 2 felony for $25,000 or more; 2) class 3 felony for amounts between $4,000 and $25,000; 3) class 4 felony for amounts between $3,000 and $4,000; 4) class 5 felony for amounts between $2,000 and $3,000; 5) class 6 felony for amounts between $1,000 and $2,000; and 6) class 1 misdemeanor for amounts that are less than $1,000 (A.R.S. § 13-1802).
A person who is in a position of trust and confidence to a vulnerable
adult must use the vulnerable adult's assets solely for the benefit of the
vulnerable adult. A person in a position of trust and confidence to a
vulnerable adult may not use the vulnerable adult's assets to benefit the
person or the person's relatives unless the: 1) superior court gives prior
approval of the transaction on a finding that the transaction is for the
benefit of the vulnerable adult; 2) transaction is specifically authorized by a
valid durable power of attorney that is executed by the vulnerable adult as the
principal or by a valid trust instrument executed by the vulnerable adult as a
settlor;
3) transaction is required to obtain or maintain eligibility for services under
the Arizona Health Care Cost Containment System, including Arizona Long Term
Care System services; and
4) person in the position of trust and confidence is the vulnerable adult's
spouse and the transaction furthers the interest of the marital community.
A vulnerable adult is an individual who is at least 18 years old and who is unable to protect themselves from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person. Position of trust and confidence is a position in which a person: 1) has assumed a duty to provide care to a vulnerable adult; 2) is a joint tenant or tenant in common with a vulnerable adult; 3) is in a fiduciary relationship with a vulnerable adult, including a de facto guardian or de facto conservator; 4) is in a confidential relationship with the vulnerable adult; and 5) is a beneficiary of the vulnerable adult in a governing instrument (A.R.S. §§ 46-451 and 46-456).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of position of trust and confidence to include a person who has formed a relationship of trust or reliance with a vulnerable adult where the vulnerable adult is likely to rely on that person to act in good faith for the vulnerable adult's interest.
2. Specifies that the definition of vulnerable adult includes a person who is at least 65 years old and who:
a) experienced the death of a spouse, domestic partner or primary caregiver within the preceding 12 months;
b) has a medically documented sight or hearing impairment that significantly limits the person's ability to receive or interpret information accurately;
c) is diagnosed with a chronic illness or condition that materially affects the person's cognition, stamina or decision-making capacity, including metabolic disorders, neurodegenerative diseases, malnutrition or sleep deprivation;
d) is dependent, partially or wholly, on another person for financial management, transportation, caregiving, access to medication or housing and the dependency creates a substantial risk of undue influence or coercion; or
e) exhibits signs of social, emotional or psychological isolation that materially impair the person's ability to recognize, resist or report financial exploitation.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
ZD/KS/ci