I worked for an agency. I had a vindictive supervisor. I was FALSEY accused of stealing from my "client" by that supervisor. APS has entered her home without permission. They did not allow her to have a witness and threatened her to get her to sign up for care givers she doesn't want. She wants me. I was never contacted by them to be asked anything about the situation. They threatened her into seeing a Dr. of that agency instead of one of her choices. They have violated her rights along with mine and I know we both need an attorney. She wants me to be her caretaker. Those people don't know her. They don't know me. She's so afraid they'll try to put her in a home that she's agreeing to things she doesn't want to do. She only trusts me. No one knows her like I do. No one spends time with her but me. Doesn't she have rights?
Being blunt here, why would they contact you? You were accused of stealing from her. Have those accusations been dismissed? You are not this womans POA or relative. There are two sides to every story.
It comes down to this. If its found that this woman is 24/7 care and has no family willing to care for her, she will be placed. If she has a Dementia definitely placed. This is to protect her. If found that she just needs some help in her home, APS will help her with that. Find her resourses. Accusations have been made and APS has to follow through. If your friend is of sound mind, she can call a lawyer if she feels APS is overstepping. If she has family, they could step in. You may mean a lot to her but APS sees you differently.
If you become her guardian then you will be responsible to figure out how to pay for her needs (like medical beyond the caregiving that you see willing/able to provide, food, housing, etc). If she can't pay for this, you will need to pay for it yourself -- but can you afford it? You won't be able to charge her for caregiving services if you become her guardian.
And as others have suggested, if she has all her mind then she is competent enough to contact and hire and pay for an attorney. If she's competent then no one will be her guardian.
If APS or the lady’s family has concerns their report or opinions will be presented at the hearing. Court may determine there are to be 2 guardians named: 1 to handle financial matters and the other to deal with her person / her day to day activities and the financial guardian pays you a stipend for this unless it’s felt that going with a existing In Home Agency is best.
None of this is a DIY. You need an experienced attorney for contested Guardianships. And you more than likey will need to also have the $ to become bonded.
Accusations of theft by an eldercare agency supervisor will be taken VERY SERIOUSLY. I think few supervisors would be so stupid as to make said accusations out of dislikes of a hired caregiver. This would open him/her and the entire agency to libel and slander suits that could bring ruination of the business.
The woman you are speaking of is apparently not fully mentally and physically capable. You were hired as her caregiver. You are not family and you are not a qualified guardian/fiduciary.
APS having now been called has apparently opened a case.
If this woman has no family then the court will be appointed to make a decision regarding this case and the woman's future care needs.
A court appointed Fiduciary may be assigned to manage her care as a conservator working for the state through the auspices of the state courts.
You are overstepping your bounds as a hired caregiver.
None of us on AgingCare are members of the judiciary in this case, nor are we working for APS; nor are we privy to any of the facts in this case.
However, it would be unusual for APS to take action without need.
In fact most complaints coming to our Forum are that APS will do NOTHING when a senior is at risk.
This case will be decided by a court.
I think that you will not and NEVER SHOULD be appointed as conservator or guardian of someone you were HIRED TO care for, and ended being accused of theft by your own agency.
An elder without family should be in care of the state, not a hired caregiver accused of theft.
As I said we are not here as judges and have no information in this case. But whatever the situation is, it is not your place to be guardian of someone you were assigned to care for. You are not a Court Appointed TRAINED AND LICENSED FIDUCIARY.
Step away. Let APS do their job. Be cooperative with anyone questioning you. Tell the truth.
ALSO:
WERE I YOU, and were I to believe I have been unjustly accused of theft, I would
1. See a person licensed in my state to administer lie detector test and I would pay for and take three such tests, keeping with me the results of the test.
2. I would be ready to hire an attorney in case I was accused of criminal intent, fraud or theft. I would consider seeing an attorney regarding false accusations of theft that may fall under the slander or libel laws.
I am very sad this happened to you, but on the face of it I also remind you that we are NOT THE JUDGE AND JURY here. We have ZERO information other than what you give us. We cannot know any of the facts.
Protect yourself. Stop stepping outside the boundaries of care open to you.
If you continue to meddle in the life of this woman, you may be facing criminal investigations.