When a parent's new friend handles the money: Scottsdale cases

Older woman on a Scottsdale patio as someone else drives her car away, a sign of elder financial exploitation

It usually starts with something small. Your mother, widowed and still living in the Scottsdale house she and your father bought decades ago, mentions a new friend who helps with errands. A few months later the friend is driving her car. Then you notice a check made out for "home repairs" that never happened, or a new name on her bank account, or a will you have never seen.

If you live out of state, which many adult children of Scottsdale retirees do, the worry is worse because you cannot just drop by.

This is about what you can do, who does what, and where a private investigator fits.

First, the law in plain terms

Arizona takes financial exploitation of vulnerable adults seriously. Under A.R.S. 46-456, a person in a position of trust and confidence to a vulnerable adult must use that adult's assets solely for the adult's benefit. Someone who breaks that duty can be sued for actual damages, and the court can award up to twice that amount again on top, plus costs and attorney fees. Arizona's criminal laws also apply to theft and fraud against older people.

Whether your parent counts as a "vulnerable adult," and whether the friend is in a "position of trust," are legal questions. Talk to a lawyer who handles elder law or probate before drawing conclusions.

If you think there is real danger

Call 911 if anyone is in immediate danger.

Otherwise, Arizona's Adult Protective Services (APS), part of the Department of Economic Security, takes reports of abuse, neglect and exploitation of vulnerable adults. The hotline is 1-877-SOS-ADULT (1-877-767-2385), and there is an online form on the DES website. You can report anonymously, although APS then cannot call you back for details.

APS is a government agency with its own process and priorities. Making a report does not mean you will get regular updates or a quick result, and it does not stop you from taking other steps.

Where a private investigator helps

A private investigator does not replace APS, the police or a lawyer. What they do well is gather facts, quietly, so the people with legal power can act on something solid. Arizona licenses private investigators through the Department of Public Safety, and the statutory definition of the work includes investigating a person's background, conduct, associations and character.

In elder exploitation cases that often means the following.

Finding out who the friend really is

Full legal name, aliases, prior addresses, court history in Arizona and elsewhere, prior marriages, bankruptcies, other older people they have "helped." A surprising number of these cases involve someone with a history.

Documenting what is visible

Who drives the car, who is at the house, how often, and whether your parent is being kept away from family or friends. Surveillance happens from public places, and the result is a dated report with photographs.

Tracing assets through public records

Property transfers recorded with the Maricopa County Recorder, new LLCs, vehicles changing hands. Bank records are a different matter (see below).

Interviewing neighbors and others

Neighbors, the HOA, staff at the club or church. People notice things and are often relieved when someone finally asks.

What a private investigator cannot do

They cannot get into your parent's bank accounts, credit file or medical records without legal authority, and neither can you just because you are family. If you hold a valid power of attorney, or a court appoints a guardian or conservator, that changes. Arizona's stalking law (A.R.S. 13-2923) covers using a GPS or other electronic device to track a specific person without authorization, so a private investigator will not put a tracker on the friend's car. Nor will they secretly record conversations they are not part of. Arizona law (A.R.S. 13-3005) makes intercepting a conversation without the consent of a party a felony, so if you are thinking about a hidden recorder in your mother's house, talk to a lawyer first.

The court route

If your parent can no longer manage their own money, the Maricopa County Superior Court can appoint a conservator. Probate matters are heard downtown; the court lists the East Court Building at 101 W. Jefferson St. and the Old Courthouse at 125 W. Washington St. in Phoenix for probate. A court can also hear a civil claim under A.R.S. 46-456. In both, evidence matters, and a clear private investigator's report can make a lawyer's job much easier.

A sensible order of steps

Write down what you have seen, with dates.
Report to APS if you believe your parent is a vulnerable adult being exploited.
Talk to an elder law or probate attorney.
Bring in a private investigator to fill the gaps the attorney identifies.

You can browse private investigators in Scottsdale. Every private investigator listed in Arizona on Served & Found is a member of the Arizona Association of Licensed Private Investigators (AALPI), and you can confirm any Arizona license yourself using our guide on how to verify a private investigator. The Scottsdale page has more local information.

This is general information, not legal advice. If you are worried about a transfer that is about to happen, such as a house sale or a large wire, call a lawyer today rather than next week.

See the board: everyone in Scottsdale · private investigators only.