Pelican Lake, WI asked in Family Law for Arizona

Q: If the victim of an adult protection service is under investigation in Arizona, can the victim move out of state?

My brother is involved in an adult protection service (APS) in Arizona, he is the victim in this scenario. He wants to move in with me here in Wisconsin but doesn't know if he can move out of state during an ongoing investigation. He wants to move for his protection. He is a disabled adult.

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James L. Arrasmith
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Answered

A: In Arizona, if an individual involved with Adult Protective Services (APS) as a victim wishes to move out of state, there are a few considerations to keep in mind. Generally, a victim of abuse, neglect, or exploitation has the right to choose where they live, but this decision can be complex, especially during an ongoing APS investigation.

First, it’s important for your brother to inform APS of his desire to move, as they might have specific procedures or recommendations for such situations. Communication with APS is key to ensure that his rights are protected and that any ongoing support or investigation is not adversely affected by the move.

Since he is a disabled adult, his legal capacity to make decisions about his living arrangements is also a crucial factor. If he has a legal guardian or conservator, their approval might be necessary for him to move.

Consulting with a lawyer familiar with adult protection and disability law in Arizona is advisable. They can provide guidance specific to your brother's situation, including the implications of moving during an APS investigation and ensuring that his rights and well-being are safeguarded.

Remember, every situation is unique and deserves careful consideration. It’s vital to balance the need for protection and the right to choose one's living situation, especially for vulnerable adults.

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