In re Estate of Mary Winn v. Plaza Healthcare, Inc
In In re Estate of Mary Winn v. Plaza Healthcare, Inc., 214 Ariz. 149, 152, P15, 150 P.3d 236, 239 (2007), the supreme court held that "limitations placed on personal representatives by the probate code do not restrict APSA claims."
In Estate of Mary Winn, almost five years after Mary's death, her husband brought an APSA claim against Plaza Healthcare alleging that Plaza abused or neglected Mary while she resided on its property. Id. at 150, PP 2, 3, 150 P.3d at 237.
The court then appointed Mary's husband as personal representative of her estate. Id. at P 3.
Subsequently, Mary's husband moved to substitute himself as the plaintiff in the case in his capacity as the estate's personal representative. Id.
Plaza argued that Probate Code 14-3108(4) prevents a personal representative appointed more than two years after the death of the decedent from prosecuting claims on behalf of the estate. Id.
The supreme court again relied on the legislative intent of 46-455, specifically subsections (O) and (P), in finding that the legislature intended "to remove probate code or other limitations on the personal representative's ability to seek a remedy on behalf of a deceased elder abuse victim's estate." Id. at 152, P 14, 150 P.3d at 239.
The court specifically noted that the legislative intent was to "increase the remedies available to elder abuse victims by providing that APSA claims proceed unimpeded by either the death of the elder abuse victim or limitations imposed by other laws." Id. at 151, P 9, 150 P.3d at 238.