10 Tips for Judges on Working with Adult Protective Services (APS) Kathleen Quinn Executive Director National Adult Protective Services Association(NAPSA)

Tip 1: Recognize Adult Protective Services Adult Protective Services Programs (APS) operate in every state under state law to investigate: 1 Physical Abuse 2 Neglect by Caregiver 3 Financial Exploitation 4 Self-neglect Of Adults age 18+ with disabilities which render them unable to meet their own daily needs. BUT →

Tip 2: Know Your Own State’s APS Statute Every state operates APS independently according to its own state statutes, policies, and funding levels; eligibility standards of age, disability and types of abuse differ Some states have separate APS Programs for 18 – 59 year olds with disabilities and for persons 60 years and older There are no national standards for APS re caseloads, training, documentation, etc. as there is no federal funding for APS

Tip 3: APS Reporting and Responding In most states, healthcare, criminal justice, social service & others are required by law to report suspected elder & vulnerable adult abuse to APS When a report of alleged adult abuse is made concerning a victim who meets the state’s eligibility standards, APS investigates the case If a capable victim agrees, available services and protective interventions are put into place A victim appearing to lack capacity will be assessed. If a medical evaluation concurs, APS may seek a court order to intervene involuntarily to protect the person

Tip 4: APS Guiding Principles Adults can make their own decisions – including unwise ones - unless they lack cognitive capacity or are in violation of law Client confidentiality is protected A constant and difficult balance is sought between the client’s right to self determination and the state’s need to protect persons who cannot protect themselves

Tip 5: How Courts Can Utilize APS Many APS Supervisors and Investigators have a wealth of experience and expertise involving elder abuse and abuse of younger adults with disabilities APS is the first responder to elder abuse cases. If involved in a case, APS should have first hand knowledge of the victim, the alleged abuser(s) and the environment APS knows what community resources are available

Tip 6: APS Records Can Be of Great Value APS records can be of great value as they may include: – Initial reports of abuse, neglect and exploitation – Financial records – Medical evaluations, history, doctor names, drugs – Assessments of functional and other abilities – Interviews with victims, alleged perpetrators and collaterals; also photos in some cases – Actions taken in the case (services, etc.)

Tip 7: Elder Abuse is Not Uncommon Elder abuse, like other forms of family violence, occurs at every income level and in every ethnic, religious and racial group; it is most often committed by family members, caregivers and trusted others 95% of older adults live in the community, so most elder abuse occurs in private homes rather than in facilities APS in every state investigates elder abuse in community settings; in some states they also investigate abuse in facilities

Tip 8: Elder Abuse May Come to Court in Many Types of Cases Elder abuse may appear in court as a: – Criminal case of homicide, assault and battery; theft; domestic violence; sexual assault; fraud, criminal neglect... – Civil case of guardianship, probate or public health hazard (hoarding, animal abuse) – Domestic case involving domestic violence, neglect, exploitation, divorce – Tort case against a long term care facility or other health care provider – A petition by APS for victim access, a medical evaluation or permission to intervene involuntarily

Tip 9: Not All Relatives and Helpers Come to Court with Clean Hands Not every family member or other person petitioning for guardianship has the elder’s best interests at heart; everyone should be carefully vetted Courts should closely monitor and require accountings by appointed guardians Powers of Attorney are one of the most common ways to steal from seniors. (e.g. PoA is signed after the principal lacks capacity or under undue influence, or the agent is not trustworthy)

Tip 10: An Informed Judge Can Make all the Difference to an Older Victim A perceptive and informed judge may need to : – Recognize that a case involves elder abuse – Take steps to insure that the victim is protected and receives appropriate services; recognize APS’ role and responsibilities but also its very limited resources – Keep in mind that Orders of Protection, restitution, and other legal remedies may be applicable in some elder abuse cases – Put remedies in place to prevent abuse in the future (e.g. require close accounting by guardians)

Resources and Links National Adult Protective Services Association (NAPSA) National Adult Protective Services Association (NAPSA) National Center on Elder Abuse (NCEA) Centers for Disease Control & Prevention

Additional Information & Acknowledgements For additional tips, resources, and education, visit NCSC’s Center for Elders and the Courts.Center for Elders and the Courts This program was made possible through a generous grant from The Retirement Research Foundation. The Retirement Research Foundation