Estate of Winn v. Plaza Healthcare, Inc.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to determine whether Arizona Revised Statutes (“A.R.S.”) section 14-8108(4) (2005) precludes a late-appointed personal representative from pursuing an elder abuse claim on behalf of a decedent’s estate. We hold that it does not.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Mary Winn died on February 6, 1999, after residing for less than a month in a nursing facility operated by Plaza Healthcare. More than four and one-half years later, but still within the applicable limitations period, Mary’s husband, George Winn, brought an Adult Protective…