Vulnerable Adult Case Law Research/ $20-$25/hr.
Budget: $15 – $25 USD
I am being (falsely) charged with violation of Adult Protective Laws pertaining to a "Vulnerable Adult". The allegations are based upon ARIZONA Adult Protective Services Act, wherein an adult determined to be "vulnerable" apparently has exemptions from Normal Contract Law, double damages penalties associable with violators, etc. Particular plaintiff citations include A.R.S. 46-451, 46-456. I need some Case Law to establish the requirements of "qualification" under these legal protections and not just an undocumented claim for special protections; related case law for what qualifies as "punishable" financial exploitation (in a private parties shared housing contractual agreement signed & notarized).
Plaintiff is an Alleged victim, single male of 68 yrs: NO guardian, No protective order or conservator, with some age & health related challenges, otherwise an independent living adult. Alleged Perpetrator is a 62 yr old single male, who partnered with 68 yr old to buy a mobile home & provide some ongoing care & transportation services after having extensively done so for a year prior. Parties had become good friends for over a year prior to purchasing a mobile home with funds from Plaintiff Inheritance. Defendant had provided extensive personal support & care for which Plaintiff had promised to make him a sole beneficiary in a memorialized Legal Last Will, written, witnessed & notarized. Pursuant to this Will, Plaintiff had enjoyed ongoing help & support from Defendant for nearly a year prior to receiving an Inheritance Payment// Plaintiff anticipated & promised to pay for Defendant's half of Mobile home in consideration for love & care over the preceding year, the parties planning on this transaction for many months.
Home purchase Closed early November 2020, Plaintiff freely providing funds from his own Bank account; Defendant providing home remodeling costs & labor & personal services to Plaintiff ; but by late Jan. 2021, Plaintiff had a change of mindset (encouraged by an otherwise indifferent brother) towards Defendant and accused him of "exploitation" & sought double damages and attorney fees under "vulnerable adult" protections. An "APS" Investigation was launched by Plaintiff in February 2021: Case closed as UNsubstantitated by April 2021. Plaintiff then hired an attorney to allege the same charges & accusations related to the same circumstances, in Arizona Superior Court. Case is currently in litigation, pending Judge rulings on motions for Summary Judgment, heading for jury trial if not settled. I am Defendant, self-represented, the alleged perpetrator.
Plaintiff is an Alleged victim, single male of 68 yrs: NO guardian, No protective order or conservator, with some age & health related challenges, otherwise an independent living adult. Alleged Perpetrator is a 62 yr old single male, who partnered with 68 yr old to buy a mobile home & provide some ongoing care & transportation services after having extensively done so for a year prior. Parties had become good friends for over a year prior to purchasing a mobile home with funds from Plaintiff Inheritance. Defendant had provided extensive personal support & care for which Plaintiff had promised to make him a sole beneficiary in a memorialized Legal Last Will, written, witnessed & notarized. Pursuant to this Will, Plaintiff had enjoyed ongoing help & support from Defendant for nearly a year prior to receiving an Inheritance Payment// Plaintiff anticipated & promised to pay for Defendant's half of Mobile home in consideration for love & care over the preceding year, the parties planning on this transaction for many months.
Home purchase Closed early November 2020, Plaintiff freely providing funds from his own Bank account; Defendant providing home remodeling costs & labor & personal services to Plaintiff ; but by late Jan. 2021, Plaintiff had a change of mindset (encouraged by an otherwise indifferent brother) towards Defendant and accused him of "exploitation" & sought double damages and attorney fees under "vulnerable adult" protections. An "APS" Investigation was launched by Plaintiff in February 2021: Case closed as UNsubstantitated by April 2021. Plaintiff then hired an attorney to allege the same charges & accusations related to the same circumstances, in Arizona Superior Court. Case is currently in litigation, pending Judge rulings on motions for Summary Judgment, heading for jury trial if not settled. I am Defendant, self-represented, the alleged perpetrator.