Adult Protective Services (APS) plays a crucial role in safeguarding vulnerable seniors from abuse, neglect, or exploitation. However, a common question arises: can a San Diego elder refuse APS intervention?
What Triggers an APS Investigation?
APS investigations are typically initiated when reports of suspected elder abuse, neglect, or exploitation are received. These reports can come from various sources, including family members, friends, neighbors, healthcare providers, and even the elders themselves.
Who is Considered an “Elder”?
In California, individuals aged 65 or older are classified as elders and eligible for APS protection. The definition of elder abuse encompasses a wide range of harmful actions, including physical, emotional, sexual abuse, financial exploitation, and neglect.
What Rights Do Elders Have During an APS Investigation?
Elders have certain fundamental rights during an APS investigation, including the right to be treated with respect and dignity, the right to refuse entry into their homes unless there is a warrant or emergency situation, and the right to have an advocate present during interviews.
Can an Elder Refuse Help from APS?
This question gets to the heart of the matter. While elders retain significant autonomy, APS intervention is designed to protect them from harm. If an elder is deemed to be in imminent danger, APS may intervene despite their refusal. However, if the situation allows, APS will strive to work collaboratively with the elder and respect their wishes whenever possible.
I once encountered a case involving a frail elderly woman living alone who was being financially exploited by a distant relative. Despite my best efforts to explain the situation and offer assistance, she initially refused APS intervention. She feared causing family discord and believed she could handle the matter herself.
What Happens if an Elder Refuses Help?
When an elder refuses help, APS will thoroughly document their decision and attempt to identify any alternative resources or support systems that may be available. This might include connecting them with trusted family members, friends, community organizations, or legal aid services.
What If an Elder is Incapacitated?
If an elder is deemed incapacitated due to cognitive impairment or other medical conditions, their legal representative, such as a conservator or power of attorney, will make decisions regarding APS intervention on their behalf.
In the aforementioned case, after several visits and compassionate conversations, the elderly woman finally agreed to let me contact her bank. We were able to freeze her accounts and prevent further financial losses. Though initially resistant, she ultimately expressed relief and gratitude for our intervention.
How Can Families Support Elders During an APS Investigation?
Families play a crucial role in supporting elders during APS investigations. They can provide emotional support, help the elder understand their rights, and advocate for their best interests. Open communication and a collaborative approach are essential.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
About Point Loma Estate Planning:
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Point Loma Estate Planning Law, APC. area of focus about elder protection law:
An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.
What They Do:
Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.
Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.
Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.
Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.
Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.
Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.
Why you might need one:
● Suspect elder abuse or neglect.
● Need help with estate planning or probate.
● Facing guardianship or conservatorship proceedings.
● Dealing with long-term care issues or Medicaid eligibility.
● Need assistance with other legal problems affecting older adults.
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