Attorney General Eliminates 'Secrecy Clauses' to Protect Arizona Seniors

Attorney General Kris Mayes of Arizona highlighted two significant court rulings that have established significant precedents for openness in assisted living facilities throughout the state, underscoring her office's dedication to shielding the elderly from exploitation and abuse.

Senita Ridge Assisted Care Facility and Mayes announced a major settlement that removed all confidentiality requirements from the institution's arbitration agreements. In what she called a "significant victory for vulnerable adult protection," Attorney General Mayes announced a settlement to end secrecy clauses at Senita Ridge, setting a precedent for transparency in assisted living facilities. 

The dispute started when the Attorney General got involved in a lawsuit brought by a former resident in which the judge had mandated that the parties take part in confidential arbitration.

By successfully removing the owners from control and appointing the first court-appointed receiver to supervise an assisted care home, the Attorney General also took significant action in the case of Heritage Village. This extraordinary action set a new standard for circumstances in which residents are subjected to hazardous conditions and poor treatment.

Mayes specifically targeted arbitration agreements that contained confidentiality terms that prohibited residents and families from informing the Attorney General's office of issues.

These provisions effectively created a barrier of silence surrounding troublesome facilities by preventing victims from informing state authorities about abuse, neglect, or mistreatment.

The Attorney General is empowered to intervene in elder abuse cases under Arizona's Adult Protective Services Act, not just to make amends for past harm but also to stop facilities from harming other vulnerable persons in the future. This legislation was broken by the secrecy restrictions, which prevented parties who found systemic abuse from alerting the Attorney General to persistent dangers to other residents.

These agreements were so restrictive that families "weren't allowed to talk about the existence of the arbitration" and "couldn't even report their problems to the attorney general's office" Secrecy clauses in Sun City West facility part of Kris Mayes lawsuit, according to prosecutors involved in the cases.

Mayes' court wins have far-reaching effects that go well beyond the specific institutions in question. Secrecy clauses are currently being eliminated from resident admission documents at facilities around Arizona, fostering greater accountability and transparency across the sector. 

Families and the Attorney General's office may now more effectively monitor care standards and address issues before they become more serious thanks to this structural reform.

"To every loved one of someone in our assisted living facilities in Arizona, and to every Arizona senior, know that I will never stop fighting to protect you," Mayes stated, underscoring her office's ongoing commitment to senior protection and facility accountability.