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I have been accused of elder abuse.The accusations are false. Do I wait for them to contact me to tell my side or call them,.

San Diego, CA |
Filed under: Elder law Elder abuse

I was caregiving for a lady through IHSS. I had to wait for my ID to officially sign up but she said they would pay retroactively. I worked for 1 1/2 mo. and called dmv they said 6 more weeks. I told her she would have to find someone else until i complete the process. I couldnt afford another month with no paycheck. She said no i want you. I will pay you and if you get retroactive pay you can pay me back.
There was a mix up with paperwork and IHSS didnt have me as being active employee when she call to see why i had received no time sheet. She thought i didnt pass my background check and flipped out because she had already paid me. She thouogt she wasnt getting reimbursed. So she got pissed and said i was not taking care of her.

Also i found out she has been lying about her assets and has money in bank and property which makes her ineligable for the program. What do i do.

Attorney Answers 3


It sounds like your individual situation is rather complex. I would recommend contacting a qualified elder law attorney to review your paperwork and determine a viable defense for you case. I would hope that any attorney would provide you with a no cost initial meeting to determine your options.

DISCLAIMER: Although the above information appears to be correct, the response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California and Nevada law unless otherwise stated.

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Unlike Mr. Barlow, I'm not seeing this as an elder law question. If you're being accused of failing to care for an elderly person, you could possibly be facing criminal charges. Elder abuse is a serious crime, and it could result in felony charges that could send you to state prison.

If you're under investigation in a potential criminal matter, any competent criminal defense attorney would tell you NOT to talk to the investigators under any circumstances. By the time police start questioning possible suspects, they've often decided what happened and are just trying to collect evidence to convict someone. The police will even lie to suspects to get information, telling the suspect he or she is free to leave, when the officers really plan to arrest the suspect as soon as the interview is over. That's because the police don't have to advise you of your rights until you're arrested.

If you are contacted by police (or IHHS investigators, who are also law enforcement officers), politely tell them you have nothing to say. If you are arrested, tell the arresting officers that you wish to remain silent and won't answer any questions without a lawyer.

In the meantime, don't discuss this matter with ANYONE except a lawyer working on your behalf. If you are charged with a crime and can't afford to hire your own lawyer, the judge will appoint the public defender when you go to court.

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Elder abuse can cover physical abuse, emotional abuse, endangerment and financial crimes against elder or dependent adults.

It sounds as though you're being accused of some sort of financial abuse by taking money when you weren't eligible (or perhaps for pay for work not performed). Either way, you need a good criminal defense attorney, as you could easily be looking at felony charges if the dollar amount exceeds $950.

No, telling them "your side" is not a good idea. You could easily say something that could only make the situation worse. You should be focusing on finding an attorney that can represent you in court as well as during the investigation. They can speak to the police on your behalf and/or the DA to try and avoid charges being filed in the first place.

Keep quiet and get a lawyer.

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