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Arizona Financial Exploitation of Vulnerable Adults

Quick Assessment Tool · Berk Law Group, P.C.

Free Assessment Tool

Do You Have a Financial Exploitation Claim in Arizona?

This free tool from Berk Law Group helps you quickly assess whether a situation may qualify as financial exploitation of a vulnerable adult under Arizona law, and understand your legal options.

Basic Definitions

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Financial Exploitation

Using a vulnerable adult's assets for someone else's benefit without authorization.

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Vulnerable Adult

Any adult (18+) impaired by disability, illness, diminished capacity, or dependency.

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Position of Trust

Family, caregiver, fiduciary, advisor, or anyone with access and influence over the adult.

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Your Remedies

Actual damages, up to 2× actual damages, attorney fees, punitive damages, and injunctive relief per Arizona law.

Please note: Your answers are not saved or transmitted. Results are general guidance only — not legal advice. Use of this tool does not create an attorney-client relationship. If you believe someone is in immediate danger, call 911.
🔒 Completely private — no data is stored.  |  Not legal advice.
Step 1 of 6 — Your Role

What is your relationship to this situation?

Select the option that best describes you.

Why this matters: Your role affects your legal standing to bring or support a claim. A family member may bring a claim on behalf of a living victim or as part of an estate after death. The victim themselves may bring a direct claim. Legal and medical professionals often initiate protective proceedings. Knowing your role helps us tailor the results and next steps to your specific situation.
I am a family member or loved one of the victimChild, spouse, sibling, or other relative acting on behalf of the adult
I am the victim — this happened to meI am the adult who was financially exploited
I am an attorney or legal professionalEvaluating a potential claim on behalf of a client
I am a caregiver, social worker, or medical professionalI have observed potential exploitation in my professional capacity
Other / not sureMy situation doesn't clearly fit one of the above
Please select an option to continue.
Step 2 of 6 — The Vulnerable Adult

Does the person who was harmed show any of these characteristics?

Select all that apply — the more that apply, the stronger the foundation for a claim.

Why this matters: Per Arizona law, a "vulnerable adult" is any person 18 or older who is unable to protect themselves from abuse, neglect, or exploitation due to a physical or mental impairment. Vulnerability is often a threshold issue in these claims. The number and nature of indicators present directly affects the strength of a claim. Selecting none doesn't end the assessment — other legal theories may still apply.
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Age 65 or olderAdvanced age alone can be a contributing vulnerability factor
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Cognitive impairment, dementia, or Alzheimer's diseaseMemory loss, confusion, or inability to understand financial decisions
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Mental illness or psychiatric conditionCondition affecting judgment, perception, or decision-making
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Physical disability or chronic illness limiting independenceRelies on others for daily care, mobility, or medical management
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Recovering from stroke, brain injury, or major surgeryTemporarily or permanently impaired capacity following a medical event
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Under influence of medications affecting judgmentPrescription medications or substances that impair financial decision-making
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Isolated from family or friends — limited outside contactDeliberately cut off from others who might notice or intervene
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Dependent on another person for care, housing, or financesThe person exploiting them may also control their basic needs
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None of the above / not sureNo clear vulnerability indicators, or the situation is unclear
Please select at least one option, or choose "None of the above."
Step 3 of 6 — The Person Responsible

Who had access to or influence over the adult's finances or assets?

Select all that apply.

Why this matters: Per Arizona law, heightened duties apply to anyone in a "position of trust and confidence" — including family members, fiduciaries, caregivers, and advisors. The nature of the relationship affects both the legal standard of liability and the remedies available. Some relationships (such as a paid fiduciary or attorney) carry the strictest duties under the law.
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Family member (child, sibling, spouse, or other relative)Including those acting under a power of attorney
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Paid caregiver or home health aideSomeone employed to provide personal or medical care
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Financial advisor or investment professionalBroker, planner, or anyone managing financial accounts
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Attorney, trustee, or estate planning professionalPerson with fiduciary duties and legal authority over assets
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Romantic partner or companionNew or existing relationship involving financial access or influence
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Neighbor, friend, or community/church memberSomeone the adult trusted but who was not a formal caregiver or advisor
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Nursing home, assisted living facility, or staffInstitutional or facility-based exploitation
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Someone the adult recently met or befriendedNew relationship that quickly gained financial access or influence
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Other / not sureAnother relationship type or unknown
Please select at least one option, or choose "Other / not sure."
Step 4 of 6 — What Happened

What financial activity occurred? Select all that apply.

The more that apply, the stronger the indicators of exploitation.

Why this matters: These are the most common patterns Arizona courts and attorneys look for in exploitation cases. Each item you select helps build the picture of what happened and points toward specific legal remedies. The combination of financial activity, the perpetrator's relationship, and the adult's vulnerability all factor into the strength of a potential claim.
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Unusual or excessive gifts or transfers of moneyGifts inconsistent with the adult's history of giving, or transfers to the perpetrator
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Changes to a will, trust, or beneficiary designationsNew or amended documents that benefit the perpetrator, made while capacity was questionable
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Real estate transfers or deeds signed overProperty transferred to the perpetrator or others for little or no consideration
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Large or unexplained cash withdrawals or missing fundsATM withdrawals, wire transfers, or disappearing account balances
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Forged, altered, or suspicious documentsChecks, contracts, deeds, or powers of attorney that appear fraudulent
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New accounts opened or credit cards obtained in their nameFinancial accounts or debt created without the adult's full understanding
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Unpaid bills or neglected expenses despite having assetsBasic needs going unmet while money disappears elsewhere
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Personal property given away or sold below valueJewelry, vehicles, collectibles, or other assets disposed of improperly
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Added as co-signer or transferred to joint accountPerpetrator added to accounts to gain access to funds
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Financial decisions made while the adult lacked capacityTransactions completed when the adult could not understand or consent
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None of the above / not sureNo clear financial activity identified yet, or the situation is unclear
Please select at least one option, or choose "None of the above."
Step 5 of 6 — Authorization

Was this financial activity authorized by the adult?

Select the option that best describes the situation.

Why this matters: Even if documents appear to show consent — a signed deed, a power of attorney, a gift letter — exploitation can still occur if the adult lacked capacity at the time, or was acting under undue influence or coercion. Per Arizona law, a defense of authorization fails if the adult was incapable of making an independent decision, or if the transaction was the product of manipulation rather than free will.
No — clearly done without the adult's knowledge or consentThe adult did not know about or agree to the financial activity
They may have consented but likely lacked capacity to do soThey signed or agreed, but probably did not understand what they were agreeing to
They consented but appear to have been manipulated or coercedUndue influence, pressure, or deception was likely involved
Unclear — we don't know if they agreed or understoodAuthorization is disputed or impossible to determine without investigation
Please select an option to continue.
Step 6 of 6 — Timing

When did this occur?

Timing affects urgency, available remedies, and who can bring the claim.

Why this matters: Active exploitation may support emergency court relief to freeze assets and stop ongoing harm. Post-death claims can be pursued by the estate or heirs — the right to sue for financial exploitation survives the victim's death under Arizona law. If exploitation is only suspected but not yet occurring, early legal intervention can prevent significant loss. Timing also affects the statute of limitations.
It is actively happening now — assets are still being depletedThe exploitation is ongoing and the adult or estate is continuing to suffer financial harm
It is ongoing but the immediate situation is stableExploitation occurred and may continue, but there is no immediate emergency
It already happened — the adult is still livingThe exploitation occurred in the past and the victim is alive to pursue a claim
It already happened — the adult has since passed awayPost-death estate claim — the right to pursue exploitation claims survives death under Arizona law
We are trying to prevent it — warning signs are presentNo exploitation has occurred yet, but the situation is concerning and we want to act proactively
Please select an option to continue.
📋 Assessment Complete