AZ HB2696

Amends the definition of "informed consent" in adult protective services law to establish a rebuttable presumption that a person was competent to understand withdrawal of essential services if the written expression is witnessed by at least one individual who does not benefit financially or otherwise from the withdrawal.

Removes the requirement that written expressions regarding withdrawal of services must be witnessed by at least two disinterested individuals, reducing the witness requirement to one.

Adds new exceptions to the duty of persons in positions of trust to vulnerable adults, allowing asset transfers if required to obtain or maintain Medicaid eligibility or if the person is the vulnerable adult's spouse and the transaction furthers marital community interests including benefits applications.

Clarifies that transfers of a vulnerable adult's assets to their spouse, disabled child, or trusts benefiting these individuals for the primary purpose of obtaining or maintaining benefits eligibility do not constitute exploitation.

Specifies that asset transfers must comply with federal Medicaid law (42 U.S.C. § 1396p) and Arizona statutes governing Medicaid and AHCCCS benefits.