what lawyer to call if adult protective services is trying someone in a home

by Una Simonis III 7 min read

Full Answer

Should I call Adult Protective Services?

Don't, under any circumstances, call adult protective services. They are awful. I don't know how to advise you to deal with your mother's problems, but APS will only make matters worse.

Where can I find an attorney in my area for elder abuse?

NAPSA provides an APS locator on its webpage to assist in locating an office near you. To find an attorney in your area that specializes in elder law and elder abuse, see FindLaw's attorney directory . For additional information on elder abuse generally, see FindLaw's Elder Abuse Overview.

Where are Adult Protective Services Agencies located in the US?

As of today, Adult Protective Services agencies exist in every state and are normally administered at the local or county level. Two-thirds of states place their APS agencies within their Department of Social Services. For the remaining states, APS agencies are placed within a state department on aging or health.

What to do if you suspect abuse of an older adult?

Every state has an Adult Protective Service (APS) agency. You can report your suspicions to your APS local office and they are required by law to follow up. The agency will visit the older adult so they can assess the situation in person.

3 attorney answers

You would have received a notice that you were under investigation. If it was anything very serious, you would have been speaking to police already. There is nothing to do now. IF, and I think its a big if, you are contacted by police or APS, then refuse to speak with them until you retain an attorney. Do not panic if you did nothing wrong. More

Michael Patrick Schmitt

Sometimes the investigation ends with no action. If they are investigating something that occurred when you were not there, they may be investigating someone else.

Bonnie Marie Bursk

Hi, The answer to your question is yes, if you believe you are the target of an APS investigation you would benefit from having experienced counsel to assist you in your defense. The earlier you retain counsel the better. You can use the search function hear at Avvo.com to gain access to some of the finest attorney in the country...

Who operates adult protective services in Ohio?

In the state of Ohio, Adult Protective Services are operated by the Ohio Department of Job and Family Services.

How many seniors have been abused in the past 12 months?

What You Should Know About Adult Protective Services. The National Adult Protective Services Association reports that 1 in 9 seniors have been abused, neglected or financially exploited in the past 12 months but the majority of cases are never reported.

What is physical abuse?

Physical abuse is an intentional use of physical force that results in pain, injury or impairment. Emotional abuse is any action intending to threaten, humiliate, intimidate or otherwise cause psychological injury, and includes violating an adult’s loss of privacy and ability to make his or her own decisions.

How to help an elderly person who is being abused?

How to Help If You Suspect Elder Abuse. If you believe an older adult is being abused, the first thing to do is determine if they are in immediate jeopardy. If you think they are, call 911 without delay . It is the fastest way for authorities to intervene and get the help the senior needs.

How to tell if someone is being abused?

The warning signs that may indicate a senior is being abused include more than cuts and bruises. Other less obvious red flags that can signal an older adult is being abused include: 1 Strange-looking skin markings such as burns, friction marks and welts. 2 Having frequent, hard-to-explain wounds and injuries. 3 Appearing to be anxious and fearful around a family member or caregiver. 4 Withdrawing from social activities, family outings, hobbies and even from religious services. 5 Change in personal appearance such as unintentional weight loss, poor hygiene and grooming, or soiled clothing. 6 Calls or letters from creditors and bill collectors about unpaid accounts despite having adequate income. 7 An older adult’s lack of knowledge about their finances or inability to explain purchases on their credit card or the purpose for multiple ATM withdrawals. 8 Unexplainable genital infections or diseases.

What are the red flags of abuse?

Other less obvious red flags that can signal an older adult is being abused include: Strange-looking skin markings such as burns, friction marks and welts. Having frequent, hard-to-explain wounds and injuries. Appearing to be anxious and fearful around a family member or caregiver.

What are some behaviors that can indicate someone is an abuser?

They include: Not allowing other family members and friends to visit with the older adult when they aren’t present.

What is an APS agency?

These agencies can provide you with more information and advice. Every state has an Adult Protective Service (APS) agency. You can report your suspicions to your APS local office and they are required by law to follow up.

What is the Department of Aging and Disability Services?

It is the fastest way for authorities to intervene and get the help the senior needs. Most states have a Department of Aging and Disability Services. They are a resource for providing social services for seniors. These agencies can provide you with more information and advice.

Can an elder abuse report be confidential?

The agency will visit the older adult so they can assess the situation in person. One final note is to be aware of is that in most states you can file a good-faith elder abuse report confidentially without fear of retaliation.

Who can report abuse or neglect?

A concerned person, often a family member or friend of an older person or nursing home resident, contacts the local APS office to report an incident of abuse or neglect. A trained APS professional will screen the report. If the report meets the criteria for a suspected case of abuse or neglect, or shows strong indications of a problem, ...

What can a lawyer do for you?

As a start, the lawyer can help you in identifying the correct government agency to contact for assistance, and can assist you in getting your loved one into a safe environment. After that, you and your lawyer can assess your legal options and decide on the best next steps to take. Talk to a Lawyer.

What is the Eldercare Locator?

The Eldercare Locator, a service of the U.S. Administration on Aging, can provide telephone hotline numbers for the program in your state. If you suspect that nursing home abuse or neglect has occurred, it is probably a good idea to get in touch with an experienced nursing home lawyer in your area.

What is APS in social services?

Adult Protective Services (APS) is the umbrella name for a host of social services that are provided to older adults, or to adults of any age who happen to have significant disabilities. Departments of state or local governments typically administer Adult Protective Services programs.

What is the duty of an APS investigator?

It is the duty of the APS investigator to inform you of your rights at the beginning of the investigation. You will have the right to determine what happens with your situation and what assistance you will receive unless a psychologist or physician evaluates you and reports that you are unable to make your own decisions and a judge concurs. It is important that you cooperate with APS as they determine if maltreatment has occurred. You may read about the APS Code of Ethics at www.napsa-now.org/ethics. Remember, APS’ only goal is to help you be safe.

Do you have to report maltreatment?

In nearly every state there are certain professions that are required by law to report concerns of maltreatment (called “mandatory reporting”). Some states require all citizens to report concerns. All states accept voluntary reports, allow for anonymous reports, and provide good-faith reporters with legal protections.

Is an APS case public record?

Despite being a government record, APS records and the findings in any case are not public record. All documentation completed for an APS case must be kept confidential and can only be released to the vulnerable adult or persons designated by the vulnerable adult to receive the information, much like medical records, or by court order.

Can you report someone to APS?

Yes, any person making a report to APS can do so anonymously. Please visit www.napsa-now.org/report for more information on how to make a report in your area. Providing your information will allow the APS investigator to contact you in order to request additional details about your concerns. While some state laws protect the identity of the person making the report, others do not. It is important for you to understand that, depending on state law, the vulnerable adult who is the subject of the report may discover that you made the report to APS.

Can a psychologist recommend involuntary intervention?

There could be several reasons for this outcome. Despite exhibiting some confusion or memory loss, the impairment may not be significant enough for a psychologist/physician to recommend involuntary intervention. Involuntary intervention may not be warranted given the extent of the maltreatment.

Why do hoarders not call for help?

There are many causes. Hoarders do not call or allow help, unless they cannot cope--and often, not even then. Piles of junk can cave in on them, and it makes no difference. They can injure themselves on the junk, complain terribly of injuries, yet refuse to clean up.

Is social services an APS?

Social Services are NOT APS, but, can involve that agency, if needed. But usually Soc. Services try to work with family members. This field is required. Fairydust...I think there is probably some help for you and your mother in your area, but I'm not sure that it is with Protective Services.