Supreme Court Reaches a Decision in Elder Abuse Case.

Posted by André E. Carman | Dec 27, 2011 | 0 Comments

Since 2005, Krista Carman has been fighting for justice for Jacob Braden. Jacob, a 19 year old with profound special needs, died as a result of alleged abuse and neglect at the hands of his caregivers and alleged improper placement by the State of Arizona, Department of Developmental Disabilities. The claim against the group home settled the day before trial for a confidential amount. The State of Arizona, however, was dismissed by the trial judge on the State's motion that argued that the Adult Protective Services Act (for elder abuse prevention) did not apply to the State as it was not specifically listed in the Act as an entity that could be held responsible for the abuse and neglect of vulnerable adults. Krista Carman, Craig Knapp and Scott Boehm appealed to the Court of Appeals. That court agreed with Jacob's legal team and found that the State could be held responsible under the Act. The State then requested the Arizona Supreme Court review the decision. The Court accepted review. In December 2011, the Court decided against Jacob and found the State did not have any responsbility under the elder abuse. Krista and the rest of the legal team were extremely distraught at this decision, but proud of how hard they have fought for Jacob's rights. A motion for reconsideration is currently pending before the Arizona Supreme Court.

About the Author

André E. Carman

Location: Prescott, Arizona André Carman is a partner at Carman Law Firm in the business and tax law department. He has been practicing tax, business, and real estate law, as well as related litigation since 2003. In addition to practicing in those areas, André has used his knowledge of tax law ...


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