What This Statute Says
A.R.S. § 46-474 requires financial institutions to keep records of their disclosures and transaction holds under §§ 46-472 and 46-473, and exempts those records from public disclosure. The records may be disclosed to APS, law enforcement, and courts.
A. A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to adult protective services and law enforcement, either as part of a referral to adult protective services or law enforcement, or on request of adult protective services or law enforcement pursuant to an investigation. The records may include historical records and records relating to the most recent transaction or transactions that may comprise financial exploitation...
A.R.S. § 46-474Banks acting under these elder-protection statutes have to document their reasoning. The records support later civil actions, criminal investigations, and APS evaluations. The records themselves are confidential and not subject to public records requests.
For families who eventually bring a civil case against an exploiter under A.R.S. § 46-456, the bank records preserved under this statute are often pivotal evidence.
When This Statute Comes Into Play
This statute typically becomes relevant in three situations. A family is responding to a current crisis involving a vulnerable adult. An attorney is building safeguards into a long-term estate plan. Or a civil or criminal case is being evaluated after harm has already occurred. The statute is part of a larger framework in chapter 4 of title 46, and it usually operates alongside the related sections cross-linked below.
What This Means for Arizona Families
Arizona's vulnerable adult protection laws can feel distant until they suddenly become very personal. A parent's bank calls about suspicious activity. A neighbor wonders about an aging family member. A care facility raises a concern. When that moment arrives, the rules in chapter 4 of title 46 are the framework you are working inside.
If you are worried about an older relative or a family member with a disability, you usually have several tools available. A private conversation with the bank using the trusted-contact rules. A call to Adult Protective Services. A referral to the long-term care ombudsman. Or a petition for guardianship or conservatorship in superior court. Each tool fits a different fact pattern. Our FAQ on how guardianship and conservatorship proceedings work in Arizona covers the court track in detail, and our FAQ on whether it is safe to add a child to a parent's bank account covers the everyday financial step that often comes up first.
If you are building an estate plan that anticipates your own future incapacity, the back-end protections in chapter 4 are part of why a well-drafted durable power of attorney and a healthcare directive matter. A trusted agent with clear authority is the front line. The statutes are the safety net behind them.