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I'd rather not go into details, but APS said that I was guilty of negligence because I did not take my mother to the ER. I was reported by her Home Health Agency. I am heartbroken because I take care of her 24/7 & these charges were brought against me out of spite. All of her doctors & medical professionals are appalled. She is so scared that they are going to take her away from me. I never thought this could happen to us. We just live our lives by ourselves. What type of attorney do I hire to fight this?

The APS doesn't make decisions as to care, but make recommendations to the court, and only when they find real problems. The fact is that here on Forum we see people complaining constantly that APS refused to act in any way. If they are acting merely on your not taking your mother to the ER (and especially if she did not want to go) then I think something else is afoot here now that you are not wanting to discuss with us (as you already tell us). Not knowing the facts we cannot make any guesses here.

I will say only this, and as a general comment and general rule.
Patients do not have to be transported to ER. In fact, in old age it is more common that they are not. These would be circumstances for not transporting a patient to ER:
1. The patient has a POLST (physician's order) hanging in the home that says they do not want heroic measure, and deliniating what other measures they do not want (such as transport to hospital.
2. DNR orders and advance directive
3. Presence of a POA who holds legal rights to refuse transport of a patient with a DNR
4. Hospice care
5. Patient who is mentally clear and capable refusing transport to an ER

So there is more to your story that we cannot know.
I would cooperate with the APS and answer all questions truthfully. The court will decide if they feel you are capable of continuing care, or if your mom were better placed in care under guardianship of the state.
IF this latter "worst case" happenstance occurs your cooperation and understanding will mean you will still get to visit your mother, but that you will no longer manage her care or her finances.

I am so sorry. Without your explanation we can but guess as what's going on here. I wish you and your mom the very best. I hope you will update us how this is all going. Sit tight, answer questions honestly, do your best. You can do no more.
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Reply to AlvaDeer
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I agree that APS is looking out for the elder who cannot care for herself. They will investigate. If the home health agency made the report, there must be something they felt that needed to be medically addressed that was not. Every home health worker is considered a "mandatory reporter" if they notice something very wrong or dangerous for their patient. They are just following the law. APS will give you clear guidelines on what they want you to do as her caregiver. I assume in your discussions with them you let them know why you did not take her to the ER. I assume you love your Mom very much and are willing to take instruction & guidance from APS and Home Health on the best ways to keep your mom healthy. Caregiving is a very hard job. I wish you and your mom the best.
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Reply to JanPeck123
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I would ask the doctos and medical professionals that are appalled to write letters to APS and tell them they are appalled. That from their observations, you are taking care of your Mom very well. There also must be a way to appeal their decision. Why did you not take Mom to the ER, did she refuse? If competent, she can refuse. Was it an RN who reported this or an aide?
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Reply to JoAnn29
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You may want to call various law offices in your area to see if they would help you. I would start with those that specialize in elder law. Lawyers aren't cheap however so you may want to think about whether it is truly worth it or not. You are not likely to see criminal charges (more information is needed, but generally this is not an issue), APS is just looking out for the best interests of your mom. Your situation is unusual here, normally we hear from those that desperately need help with caregiving and sometimes we implore them to send their LO to the ER. I'm wondering why your situation seems to be the exact opposite of that.
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Reply to mstrbill
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