What are my rights when the Department Of Aging is investigating my family and I?

This was a huge fear of mine while we taking care of my mother with Alzheimer's. She would tell anyone who would listen that we stole her money, she was not fed and that our caregiver was sleeping with her husband. The neighbors behind us seemed more interested in our lives than their own so I took some measures to protect us and our caregivers. I created a daily log sheet for my mother's care. We would document her activities, feeding times, exercise, sleeping, pains, complaints and attitudes for every day. I kept everything in a binder by date and would take it with us to the doctors office, showed it to hospice and any other caretakers who entered the house. Taking care of our parents is one of the hardest jobs we face in our lifetime and it hurts when some stranger questions our care. Give your mom a big hug, tell her how much you love her and remember that you have a whole community of caregivers standing behind you. We know that you are doing a good job and we support you!

This was just posted to the public a couple days ago and I'm not holding on to anger any longer. It's been over and done with and I'm not aggravated at all but thanks to all of you for your help. we are on to new things like trying to find an ALF now and seeing what kind of assest they look at.

I think its alot like child protective services, but with elderly they have to investigate. It is actually a very good thing that they are here for the very young and very old, its hard to believe but bad people live in this world ; even family.
But yes i would be very upset too, because we only want the best for our elderly and someone saying your bad when you aren't just sets a higher stress level.
Just know you are doing what you can and thats good.

Very well said, alwayslearning! Thank you.

Italianbabs, I'm concerned that this incident happened about 100 days ago and it still seems a source of deep aggravation to you. Especially in light of the fact you were essentially vindicated, this kind of obsession with seeing yourself as a victim just doesn't seem to be doing you any good. It is not changing your sister or the boss or whoever else might have called in a claim. It is not changing the agency that was doing the job they are mandated to do. You can't change what happened. You can control your response to it. Maybe for your own sake, it is time to let the outrage go.

In the middle of all this, it will help you deal with the family dispute and all related matters if you are very, very disciplined about not making assumptions. If her boss said she'd call in a complaint, it's understandable that you'd think of her first; but it does not follow that you "know for a fact" it was her. I am a mediator and conflict-resolution consultant and I can tell you that that sort of "conclusion" gets people into a lot of trouble. The other thing that whips up conflict is the choice people make about how outraged to be. Several people on this website have taken the trouble to write you, expressing sympathy for your feelings and at the same time showing you the other side and suggesting ways to think of this that will help you calm down. Whether you feel "violated" or "protected" by how the elder-abuse-prevention system worked in this instance -- or, if you quite understandably feel both of those things, which one dominates your response -- is up to you. Pick the one that helps calm down your family dispute, not the one that whips it up.

I had it happen also, and I also knew who did it. You will get a registered letter that says "Unfounded" and thats all. Who cares what else is in the report, unfounded means nothing found, everything A-O-K so thats all you need. If she had middle stage dementia and was alone I would be more concerned as to why she was alone. Middle stage dementia means reasoning is off. My Mom was alone doing fine, she swore she knew how to do things, and not do things, and she then made a bad decision and fell. If anything, I wouldnt leave your Mom alone because some day you will come home and she will be gone. DO get cameras with audio, they are fantastic and you could have listened and watched it all if you had them, we did do that and love it. I know how you feel, but be happy its unfounded. Once someone reports something false its THEM that look like the fools in the courts eyes.

I also understand your frustration. However, remember that people see things differently and a lot of times things are misunderstood. Not wanting to get too involved, many people would rather have the authorities take care of it than asking some questions. People have the right & responsiblity to report suspected abuse and the authorities have the responsiblity to investigate it. That is how our system is set up. Sometimes they will say who made the complaint but don't have to. The fact that they are closing the case is a good thing. Enjoy the time you have with left with your mom & don't worry about it who made a complaint. It really doesn't matter.

That's all I am asking for is a letter saying the case is closed for future reference. We still never got it and I guess we never will..... These people that turned us in were just being malicious. The 25 years my mother worked for them and all those years they knew me cause I brought her to work everyday and picked her up and spoke with them they turned me in. Just ridiculous to even have done that. They were brainwashed by my sister who is not in mom's life anymore and she told the whole world I stole all my mom's money and I guess they all believed her. Oh well, my sister's loss because my mom wants nothing to do with her anymore....

I understand your feelings of violation and ivasion of your privacy. I am a caretaker for my mom, who is 91 and has Alzheimers. I totally know the feeling when she says... "no, I didn't eat all day." to the Home Health staff ... when she can't remember that she ate 30 minutes ago. Let alone having her say such a thing to an investigator. THAT SAID, however, I also was the one investigating allegations of Child Abuse and Neglect in my career and we had certain rules but the primary one was that we HAD A MANDATE to confirm or reject the allegations-- for the safety of the child. Considering that our elderly are often vulnerable as the children we have to see this from both sides. By Regulations and Law, we had a time limit to get to the home, see the person and the environment. We could NOT knock a door down (without a warrent) but could ask for admission. IF the child was the only one at the home (or the oldest one) and I went knocking on the door and the child opened it and let me in... which happened a lot..... I pointed out that this, in and of itself is a dangerous situation. But once inside, I was required to look around, check for food available, basic cleanliness, physical signs of neglect or abuse, etc. If all looked well, I would then make every effort to locate the parents, or contact an adult. (In the case of young children I was not allowed to leave them alone-- either locate a responsible adult or remove them into custody. With elderly, it gets more complicated, as I fully know. ) HOWEVER, following any investigation, we had a standard letter to the responsible people. stating the general allegations, documenting our investigation in very general terms and our determination as "unfounded, and closed, Founded and case opened, or even founded and taken into custody" . I told people to keep this letter in a file for future reference -- especially if reports were maliciously being made with MANY agencies. I cannot see why such a letter/ statement could not be sent to the POA or the caregivers. WE NEVER DIVULGED WHO REPORTED BECAUSE WE DO NOT WANT TO DISCOURAGE THE ONE WHO MIGHT HESITATE TO REPORT SERIOUS NEGLECT OR ABUSE.

I agree I would try to get a hold of an elder law attorney. It seems to me that the documentation of this should be available to you. My thought is that your Mother did not understand and was frightened and intimiadated into opening the door. I have a problem with that! Often times our elders with dementia may appear "normal" to other folks but people who love them KNOW differantly... My Mom has dementia too... take care

I was in the same situation. Not sure what state you live in but here in WI the Dept of Aging actually called first and scheduled an appointment to come over and inspect the situation and evaluate granny. I am sure they asked your mother if they could come in, perhaps your mother doesn't remember that, as you have mentioned she has dementia. The agency will not force their way into someone's home. One does not have to let them into their home. Just be happy they came over and saw that your mother is in a safe environment, they case is closed and it will not go any further. In my case the worker did tell me who called, they same person that called a few years back, which in my situation, no elder abuse was found. I know you feel violated but you should appreciate that there is an agency that looks after our elderly,. Elder abuse is a very serious issue in today's society as the elderly are very vulnerable.

Anyone has the right to report abuse if they feel it is going on and they should, they also have the right to remained unnamed to protect them, the department of aging has every right by law to enter the home and check for abuse just like social services for child abuse, since the department of aging found no abuse and is closing the case then you should be happy, you do not have the right to know who reported it or to see the report, I would rather have people report that they think there is abuse and it be unfounded, then not to report and the person being abused continues to be abused, hope this helps and gives you more understanding and a different outlook on the situation, hugs

I would be consulting an attorney. No government agency should be able to just walk right in and inspect your home on some unfounded complaint.

This is America. If we give up our liberty for safety we are no longer a free people with a free will.

The lady did contact the POA and asked for a copy of the report and she said she is not permitted to give it to him. We have to contact a district attorney or somoneone. I'm not sure about who it is and I'll have to ask my uncle. He was pretty upset as well since he knows his sister is being taken care of and he is her POA . Whey didn't they contact him and ask him what was going on? You all must understand that my mother did not give them permission to come in as she just thought it was a visiting nurse since she had just been released from the hospital 2 weeks prior. She was having nurses and social workers coming in all week. No permission can be granted by a person with middle stage dementiawho trusts everyone. It could have been someone coming in to rob her or hurt her and she would not have known. The dept of aging should have known that before they put her at risk opening the door.

Italianbabs,

I agree with you completely.

We used to have these crazy ideas floating around, like "Illegal search and seizure", "innocent until proven guilty", "the right to privacy", and "the right to face your accusers". What happened?

So now the gov needs a warrant to walk in on a drug dealer or violent criminal, but for an accused caregiver, just barge right in?

Somewhere between the extremes of "doing nothing", and "sending in the SWAT team", there ought to be at least one intermediate solution.

For example, if the complaint was health related, they might call you and you could say, "Look, we just saw Dr. Schmo last week. Please give him a ring. Not only that, but the pharmacy can verify that we filled her 6 prescriptions the day before yesterday."

It seems to me that there must be different levels of suspected abuse, and that realization alone calls into question the practice of all-or-nothing solutions.

Not only that, but the investigating agency by now knows that many of the complaints are going to be illegitimate claims from interfering troublemakers.
Neighbors, ex-employers, AH family members. That's the real world for ya.

Anyway, I see why we need to protect the anonymity of the complainer, but I think that the victimized caregiver should be entitled to see the exact wording of the complaint.

I suppose that there are some considerations for your mother's privacy. They investigated her situation and they can't be giving that out to anyone who asks. Has your uncle, as POA, requested a copy?

I totally agree with you on your comment. I just feel violated and feel that we should be entitled to a copy of the report. It doesn't have to say who filed the complaint although we know for a fact it was her boss because she told my sister and her family she was going to do that. That being said, yes we are vindicated as they found mom in good health and she lives in a nice home. However, my uncle and I both feel we should have something in writing that states what the complaint was and that we were clearing of any wrongdoing. It is only fair that we should have a report stating such for future issues that might arise. There has been a family dispute going on for 1 1/2 years that this is all stemming from and a big part of trying to bring us down.

This reminds me of something from years ago. Someone reported a suspicious car lottering near a grade school. Checking the license plate and realizing the owner lived in the neighborhood, the police called our number. Did I know who had used that car yesterday afternoon? Yes, it was drizzling and my husband drove to the bus stop to pick me up after work, mid-afternoon. I didn't take the bus he expected me to be on, and he waited quite a while. That was the end of the matter. I told the police how very glad I was that school neighbors kept an eye on such things and that the police checked such reports out. Better to annoy an innocent party than to ignore a guilty one.

It is your mother's home, too, and she apparently gave permission. I really don't know the legalities here. I understand your anger, and I also understand the need to protect our vulnerable citizens. They can't dismiss complaints because "he's just mad that she retired." (And it may not have been her former boss who complained.) They have to take complaints seriously until they see for themselves. They were allowed in by your mom, whom they wanted to interview. If they hadn't gotten permission that way, perhaps they could have gotten a warrent. I don't know. I am glad that we do try to protect persons who can't protect themselves. Sometimes, I'm sure, that backfires. In this case it seems to have worked out. They closed the case and all is well.

If you feel that your rights have been violated and you want to take action, you probably need to consult a lawyer.

It says online that no government agency is permitted in your home without your permission. I totally understand about their investigation but what about my rights as a caregiver who was falsely accused because they are mad about my mom retiring! She lives in my home and not alone and who is to say the did not go into my apartment and look around as well. As a homeowner I should have some rights!

I can understand your outrage and feeling of violation. What an unwelcome surprise!

Some vulnerable adults really are neglected or mistreated. I'm sure you'd agree that such situations need to be investigated and stopped. And asking permission of the person reported as doing the neglect or mistreatment wouldn't get the investigators very far, would it?

You've learned that Mom will let strangers in if they are persuasive enough, so the cameras may serve a purpose. I'm not sure that changing her phone number would stop a legitimate government agency from finding it out.

Be glad that the case is closed.