Senior citizen rights with adult protective services?

UPDATED: Oct 1, 2022

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Senior citizen rights with adult protective services?

My 69 year old mother is being investigated by APS. My brother has schizophrenia. He was institutionalized 8 years ago and his social worker said we should put any of his financial holdings under my mom’s name. The money sat in a mutual fund and has actually made money in the last 8 years on my brother’s behalf. APS contacted my mom asking her to send proof that she hasn’t touched the money. Apparently, he was spouting off about having money in one of the facilities he was staying in and I am assuming one of them called APS. My mother is 69 and has a hard time following what is going on. I just don’t want her to do or say something to incriminate herself. She has done nothing wrong and the statute of limitation is up on the money anyways. Should we turn over financial documents to APS? If so what do we legally have to turn over? I don’t want them having my mother’s bank information.

Asked on December 4, 2017 under Estate Planning, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A senior citizen has the same rights as any other person: to due process. There are no enhanced rights for being a senior.
Retain an attorney. Agencies like APS have a good mission, but their mission tends to make them zealouts: they have an institutional bias towards believing that vulnerable adults *are* being taken advantage of and need APS' intervention and protection. They also have the advantage of doing this (as an institution, not necessarily each employee, of course) day in and day out and knowing the rules, procedures, laws, etc. with a familiarity no layperson can match. Don't let your mother go up against them by herself: let an attorney help her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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