Arizona Attorney General Challenges Arbitration Secrecy in Elder Abuse Lawsuit
Attorney General Kris Mayes has taken a decisive stance against the confidentiality of arbitration proceedings in a lawsuit involving alleged abuse and neglect at the Senita Ridge assisted living facility. Despite a court’s previous order for confidential arbitration, Mayes contends that this violates Arizona’s Adult Protective Services Act, requiring individuals filing such lawsuits to inform the Attorney General. Mayes emphasizes that transparency is vital in protecting vulnerable adults, and the arbitration secrecy impedes the performance of the Attorney General’s duty. Families unwittingly signing arbitration agreements when placing loved ones in assisted living facilities are at the center of the issue, with Mayes asserting that such agreements become problematic when they mandate the concealment of elder abuse allegations.
Attorney General’s Intervention: Safeguarding Elderly Rights and Facility Accountability
Under the Adult Protective Services Act, the Attorney General possesses the right to intervene in elder abuse cases not only to rectify harm but also to prevent future harm to vulnerable adults. Mayes is pursuing intervention in the case of Rose Marie Scheske v. The Goodman Group MN, LLC et al, challenging the legality of arbitration agreements with confidentiality clauses. Mayes argues that these agreements violate Arizona law, and he plans to seek court orders voiding them until facilities cease using such clauses. The Attorney General underscores the public’s right to access information about how assisted living facilities treat their residents, emphasizing the need for accountability and transparency in the care of vulnerable adults.