What are my rights when the Department Of Aging is investigating my family and I?

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What are my rights when the Department Of Aging is investigating my family and I?

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My family and I were reported to the Dept of Aging for not taking care of my mother by her former boss. My mom is 82 years old and just retired because she made home made pasta at a little italian store but her shoulder is just shot. She is rubbing bone on bone in there and has been for years. I don't know how she even lasted as long as she did. So her bosses got mad that she retired and turned me in to be investigated for elder abuse and neglect. I just got a phone call from the Dept of Aging that they came into my home while was at work and made my mom open the door and let them in. Our home is two apartments but we have a common door in the downstairs hallway and we use this as one home and not two. Two women went up to mom's floor and looked around her house and spoke with her without my knowledge. I am quite bothered that someone just came into my home without my permission or knowledge and made my mother open the door and let them in. What rights if any do we have to find out of they are just permitted to come into your home and not tell you? I don't know how they got my mother's phone number as it is not published and she also does not have a doorbell because I don't want her to open doors for strangers. She has middle stage dementia. The dept. of aging said they found nothing wrong and they were going to close the case. They contacted my uncle who is mom's POA and told him we were not entitled to know who filed the complaint and we also cannot get a copy of the report. Is this legitimate?????? If anyone knows anything about being investigated and how to handle our rights and also get a copy of this report, it would be appreciated very much. I feel like my home has been burglarized and I was violated with my privacy. I am now installing cameras outside and inside that I can monitor online during the day to see who is coming and going and to make sure my mom is ok and no strangers are coming in. ALso changing her phone number again so this does not happen again.

Elder Abuse

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I can understand your outrage and feeling of violation. What an unwelcome surprise!

Some vulnerable adults really are neglected or mistreated. I'm sure you'd agree that such situations need to be investigated and stopped. And asking permission of the person reported as doing the neglect or mistreatment wouldn't get the investigators very far, would it?

You've learned that Mom will let strangers in if they are persuasive enough, so the cameras may serve a purpose. I'm not sure that changing her phone number would stop a legitimate government agency from finding it out.

Be glad that the case is closed.

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This reminds me of something from years ago. Someone reported a suspicious car lottering near a grade school. Checking the license plate and realizing the owner lived in the neighborhood, the police called our number. Did I know who had used that car yesterday afternoon? Yes, it was drizzling and my husband drove to the bus stop to pick me up after work, mid-afternoon. I didn't take the bus he expected me to be on, and he waited quite a while. That was the end of the matter. I told the police how very glad I was that school neighbors kept an eye on such things and that the police checked such reports out. Better to annoy an innocent party than to ignore a guilty one.

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The lady did contact the POA and asked for a copy of the report and she said she is not permitted to give it to him. We have to contact a district attorney or somoneone. I'm not sure about who it is and I'll have to ask my uncle. He was pretty upset as well since he knows his sister is being taken care of and he is her POA . Whey didn't they contact him and ask him what was going on? You all must understand that my mother did not give them permission to come in as she just thought it was a visiting nurse since she had just been released from the hospital 2 weeks prior. She was having nurses and social workers coming in all week. No permission can be granted by a person with middle stage dementiawho trusts everyone. It could have been someone coming in to rob her or hurt her and she would not have known. The dept of aging should have known that before they put her at risk opening the door.

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Anyone has the right to report abuse if they feel it is going on and they should, they also have the right to remained unnamed to protect them, the department of aging has every right by law to enter the home and check for abuse just like social services for child abuse, since the department of aging found no abuse and is closing the case then you should be happy, you do not have the right to know who reported it or to see the report, I would rather have people report that they think there is abuse and it be unfounded, then not to report and the person being abused continues to be abused, hope this helps and gives you more understanding and a different outlook on the situation, hugs

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I was in the same situation. Not sure what state you live in but here in WI the Dept of Aging actually called first and scheduled an appointment to come over and inspect the situation and evaluate granny. I am sure they asked your mother if they could come in, perhaps your mother doesn't remember that, as you have mentioned she has dementia. The agency will not force their way into someone's home. One does not have to let them into their home. Just be happy they came over and saw that your mother is in a safe environment, they case is closed and it will not go any further. In my case the worker did tell me who called, they same person that called a few years back, which in my situation, no elder abuse was found. I know you feel violated but you should appreciate that there is an agency that looks after our elderly,. Elder abuse is a very serious issue in today's society as the elderly are very vulnerable.

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In the middle of all this, it will help you deal with the family dispute and all related matters if you are very, very disciplined about not making assumptions. If her boss said she'd call in a complaint, it's understandable that you'd think of her first; but it does not follow that you "know for a fact" it was her. I am a mediator and conflict-resolution consultant and I can tell you that that sort of "conclusion" gets people into a lot of trouble. The other thing that whips up conflict is the choice people make about how outraged to be. Several people on this website have taken the trouble to write you, expressing sympathy for your feelings and at the same time showing you the other side and suggesting ways to think of this that will help you calm down. Whether you feel "violated" or "protected" by how the elder-abuse-prevention system worked in this instance -- or, if you quite understandably feel both of those things, which one dominates your response -- is up to you. Pick the one that helps calm down your family dispute, not the one that whips it up.

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It is your mother's home, too, and she apparently gave permission. I really don't know the legalities here. I understand your anger, and I also understand the need to protect our vulnerable citizens. They can't dismiss complaints because "he's just mad that she retired." (And it may not have been her former boss who complained.) They have to take complaints seriously until they see for themselves. They were allowed in by your mom, whom they wanted to interview. If they hadn't gotten permission that way, perhaps they could have gotten a warrent. I don't know. I am glad that we do try to protect persons who can't protect themselves. Sometimes, I'm sure, that backfires. In this case it seems to have worked out. They closed the case and all is well.

If you feel that your rights have been violated and you want to take action, you probably need to consult a lawyer.

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Italianbabs,

I agree with you completely.

We used to have these crazy ideas floating around, like "Illegal search and seizure", "innocent until proven guilty", "the right to privacy", and "the right to face your accusers". What happened?

So now the gov needs a warrant to walk in on a drug dealer or violent criminal, but for an accused caregiver, just barge right in?

Somewhere between the extremes of "doing nothing", and "sending in the SWAT team", there ought to be at least one intermediate solution.

For example, if the complaint was health related, they might call you and you could say, "Look, we just saw Dr. Schmo last week. Please give him a ring. Not only that, but the pharmacy can verify that we filled her 6 prescriptions the day before yesterday."

It seems to me that there must be different levels of suspected abuse, and that realization alone calls into question the practice of all-or-nothing solutions.

Not only that, but the investigating agency by now knows that many of the complaints are going to be illegitimate claims from interfering troublemakers.
Neighbors, ex-employers, AH family members. That's the real world for ya.

Anyway, I see why we need to protect the anonymity of the complainer, but I think that the victimized caregiver should be entitled to see the exact wording of the complaint.

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I understand your feelings of violation and ivasion of your privacy. I am a caretaker for my mom, who is 91 and has Alzheimers. I totally know the feeling when she says... "no, I didn't eat all day." to the Home Health staff ... when she can't remember that she ate 30 minutes ago. Let alone having her say such a thing to an investigator. THAT SAID, however, I also was the one investigating allegations of Child Abuse and Neglect in my career and we had certain rules but the primary one was that we HAD A MANDATE to confirm or reject the allegations-- for the safety of the child. Considering that our elderly are often vulnerable as the children we have to see this from both sides. By Regulations and Law, we had a time limit to get to the home, see the person and the environment. We could NOT knock a door down (without a warrent) but could ask for admission. IF the child was the only one at the home (or the oldest one) and I went knocking on the door and the child opened it and let me in... which happened a lot..... I pointed out that this, in and of itself is a dangerous situation. But once inside, I was required to look around, check for food available, basic cleanliness, physical signs of neglect or abuse, etc. If all looked well, I would then make every effort to locate the parents, or contact an adult. (In the case of young children I was not allowed to leave them alone-- either locate a responsible adult or remove them into custody. With elderly, it gets more complicated, as I fully know. ) HOWEVER, following any investigation, we had a standard letter to the responsible people. stating the general allegations, documenting our investigation in very general terms and our determination as "unfounded, and closed, Founded and case opened, or even founded and taken into custody" . I told people to keep this letter in a file for future reference -- especially if reports were maliciously being made with MANY agencies. I cannot see why such a letter/ statement could not be sent to the POA or the caregivers. WE NEVER DIVULGED WHO REPORTED BECAUSE WE DO NOT WANT TO DISCOURAGE THE ONE WHO MIGHT HESITATE TO REPORT SERIOUS NEGLECT OR ABUSE.

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I also understand your frustration. However, remember that people see things differently and a lot of times things are misunderstood. Not wanting to get too involved, many people would rather have the authorities take care of it than asking some questions. People have the right & responsiblity to report suspected abuse and the authorities have the responsiblity to investigate it. That is how our system is set up. Sometimes they will say who made the complaint but don't have to. The fact that they are closing the case is a good thing. Enjoy the time you have with left with your mom & don't worry about it who made a complaint. It really doesn't matter.

What are my rights when the Department Of Aging is investigating my family and I?

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