my uncle was turned in to aps by my grandparents bank for trying to steal money and thought that my mom and I had done it. in turn reported us also with crazy accusations. we do not know everything the case worker was not specific (he knew it was a revenge report). our cases have been found unfounded and closed but our lawyer would like to know the details of the reports since we are in a fight for guardianship of my grandparent with him. we need to kow anything he may try to throw at us. I have requested the report on myself nothing else but was denied. they could neither deney or confirm there was a case. really? I thought I had the right to know exactaly what Im accused of?
You have a constitutional right to know which crime you are accused of in a police investigation, but an APS investigation is not a criminal investigation.
That said, you should really get a lawyer to defend yourself. APS investigations can lead to criminal investigations and will certainly hurt your chances in a contested guardianship.
I'd schedule a consult with an elder law attorney in your area as soon as possible, if not immediately.
This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.
3 lawyers agree
Elder Law Attorney
Depends on state law, but generally APS files are confidential and only relate to whether the agency finds that action is needed to protect a vulnerable adult so no right to see your file.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
2 lawyers agree