If adult protective service was called do I have to comply or should I take it to court?

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J

Jenwide70 Asked January 2020

If adult protective service was called do I have to comply or should I take it to court?

I have DPOA before my mom became incapacitated. Also living will. I am heir and we have health care power. A neighbor called adult protection service, because mom was going to their house. I was with her. Anyway they said abuse, neglect and exploration. Now they have signed off on abuse and neglect. Now they want to see bank account and I refuse. From the first time at home they said if I didn't show bank account they would take guardianship. Its been 8 months and they have not done anything but sign off on abuse and neglect. I don't trust them. I pay house payment which is in her and my name, and she pays power, cable, and water. I also pay her car payment. How can I be exploiting her? Do I have to show or should I tell them to take it to court?

Alzheimer's & Dementia Elder Abuse Guardianship

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score 1 · Answer 1

If you don’t cooperate with APS and give them the information they are requesting, they will make the assumption that you are guilty of something and they will proceed from there. If you’ve done nothing wrong and have nothing to hide, why make this more difficult then it has to be? You do know that they won’t just go away right? Do you really want this to go to court? Because that will only make this harder for you. If you aren’t exploiting her then what is the problem here?

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score 2 · Answer 2

You pretty much have to comply. If you don’t...then they will be really convinced that all the accusations are true.

when this happened to me, I immediately got the family lawyer involved. Everything had to go though him.

the amount of power APS has is just insane. Comply. Your life can be made very tough by them if you don’t.

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score 3 · Answer 3

What court, what issue? Cooperate with authorities and get it over with if you are not exploiting her.

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score 1 · Answer 4

Have you been in contact with them? Are they initiating court proceedings, or you just don't know? I don't think you are legally obligated to do anything without a court order, but it may be wise to consult an attorney. APS probably believes Mom should be in a facility and all her money should be made available to pay for that, so what say you? Is Mom safe and cared for at home? I wouldn't sit back and wait because APS already may have taken court actions. I would consult a qualified attorney to help you navigate, both for you and Mom.

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If adult protective service was called do I have to comply or should I take it to court?

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