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AZ SB1341

Bill

Status

Passed

5/2/2013

Primary Sponsor

Adam Driggs

Click for details

Origin

Senate

Fifty-first Legislature - First Regular Session (2013)

AI Summary

  • Amends Arizona law on adult protective services to clarify definitions of "informed consent" for withdrawal of food, water, medication, medical services, shelter, cooling, heating or other necessary services, requiring written consent from a person of sound mind witnessed by at least two individuals who do not benefit from the withdrawal.

  • Adds exception to financial exploitation prohibitions allowing transfers of assets between a vulnerable adult and their spouse, disabled child, or trusts for their benefit when done to obtain or maintain eligibility for benefits under Arizona Medicaid, supplemental security income, Medicare, or veterans' administration programs.

  • Establishes that transfers of assets to qualify for Medicaid benefits must comply with federal law (42 U.S.C. § 1396p) and Arizona statutes 36-2934 and 36-2934.01.

  • Adds new exception to the duty to use vulnerable adult assets solely for the vulnerable adult's benefit when a spouse transaction furthers marital community interests, including applications for Medicaid, supplemental security income, Medicare, or veterans' benefits.

  • Clarifies that the legislation is intended only to clarify existing law as previously enacted and interpreted by courts.

Legislative Description

Vulnerable adults; financial exploitation

Last Action

Governor Signed

5/2/2013

Full Bill Text

No bill text available