Parker Waichman LLP

Overview of APS and its legal issues

APS Legal Issues. APS services are usually administered by state or local health departments. In most states, APS serves those who are 18 and older and fit the above description. In some states, APS provides service only to those age 60 and older. A few programs serve ages 18-59. In all cases, however, the aim […]

APS

APS Legal Issues. APS services are usually administered by state or local health departments. In most states, APS serves those who are 18 and older and fit the above description. In some states, APS provides service only to those age 60 and older. A few programs serve ages 18-59. In all cases, however, the aim is to enable the impaired person to live safely and as independently as possible in their home and community. Impaired may be defined as physical illness or disability, mental illness, or difficulties brought on by advancing age.

APS involvement in a case generally begins after someone, often a friend or neighbor, suspects abuse or exploitation of an at-risk adult and reports that suspicion on an abuse hotline or to an APS office. The critical nature of the report usually determines if the police or an emergency medical staff are called. If not, an assigned APS caseworker will begin an investigation to judge the level of risk to the victim as well as his or her ability to understand that risk and provide informed consent to further investigation. When the investigation is completed, a service plan to aid the victim is developed, which may involve other community resources, such as emergency shelter, meals and transportation, medical and mental services, and in-home care.

Adult Protective Servicesnavigation

In the United States, impaired or at-risk adults can receive help from Adult Protective Services (APS). It aids those people who:

  • have mental or physical impairments that prevent them from independent living
  • have no one at home to assist or care for them
  • because of their impairment, are at risk of abuse, neglect, or exploitation.

People who have serious mental and/or physical impairment are often at risk of abuse by those – whether family members, friends, or medical workers – who care for them. This abuse can take many forms, such as verbal, physical, and sexual. In addition, at-risk adults are often financially exploited because their capacity to understand such matters is compromised. Abuse may also be defined simply as neglect by a designated caretaker. When abuse is involved, the ‘APS’ caseworker continues to monitor the situation until those risks are eliminated or greatly reduced (In these times a nursing home abuse lawyer is often called).

In a report on those who need APS services, some states also list self-neglect. That describes someone who cannot take care of him- or herself because of physical or mental impairment.

The decisions that the APS makes for a person’s care are not always biding. If people with physical or mental impairment are able to understand their living conditions, they can refuse aid. In some states, impaired people who are judged to be competent also have the right to refuse an APS investigation. In that case, the ‘APS’ will have no further involvement except to tell the person of other possible resources in the community or state.

Need Legal Help Regarding APS?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
It was a pleasure working with Michelle Josama and Michael Zaransky. Michelle was very pleasant and courteous. Michael was very professional. Both made me feel like they really care. I would highly recommend them. Great team.
Crystal Moore
5 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value Had a great experience here, Cara Feiler especially was a professional Paralegal. Professional helpful and fast acting firm. Will recommend for a friend!
Giovanna DeLoca
3 years ago
5 Star Reviews 150
Christina Morace the paralegal at Parker Waichman was professional and extremely helpful. Great job!
Vincent Gesuele
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038