Adult protective services violating constitutional rights
The other person present may not be an alleged perpetrator in any report currently under investigation. Before participating in such interview, the other person present shall execute an agreement to comply with the confidentiality requirements of ss. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons. In an investigative interview with a vulnerable adult, the protective investigator may conduct the interview with no other person present. The summary information shall not include the name of, or other identifying information with respect to, any person identified in any investigation. In making a determination to release confidential information, the court shall balance the best interests of the vulnerable adult who is the focus of the investigation together with the privacy rights of other persons identified in the reports against the public interest for access to public records.
Elder Abuse and Elder Financial Exploitation Statutes
Code of Ethics | National Adult Protective Services Association
The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. A person stands in a position of trust and confidence with an elderly person or person with a disability when he i is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, ii is a joint tenant or tenant in common with the elderly person or person with a disability, iii has a legal or fiduciary relationship with the elderly person or person with a disability, iv is a financial planning or investment professional, or v is a paid or unpaid caregiver for the elderly person or person with a disability. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
Court limits ability of Adult Protective Services to enter a home without court order
An administrative review is not an administrative hearing before a hearing officer. This does not include self neglect. Neglect includes self neglect.
Despite the broad authority granted to APS to investigate cases of alleged abuse or neglect of disabled and cognitively impaired adults in the community, the Court held that constitutional Fourth Amendment protections apply to these investigations. The case arose out of an intrafamily dispute concerning two elderly brothers Emil and Fred who were business partners. As the business was being dissolved, the attorney-in-fact for Fred stepped in to act on his behalf with respect to the business. Finding Fred to be mentally incapacitated at that point, APS initiated guardianship proceedings [which can be both intrusive and expensive].