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What do I do if someone reported me to Adult Protective Services and the report is false

Chandler, AZ |

At first the investigator came out saying it was for ONE of my 5 residents. She just said it was about allegations of abuse. I took her to his room he of course confirmed he had not been abused nor threatened to be abused. She then came back the next day and said she had reports for all of my residents just didn't see them yet and that they were all being "threatened" with physical abuse, and yelled at. She then named me as the one they called about. I will admit I am loud. But I can't hear well they can't hear well and the pitch of my voice and it always sounds like a cold makes it hard for them to understand me. I have always been loud. 4 sets of tubes put in as a child and they all fell out the next day. I'm not yelling swear words and definitely not threats. Is it really abuse?

Attorney Answers 3

Posted

Perhaps it's time to hire some HELP that can hear better and not have to be LOUD. Good Luck.

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3 comments

Asker

Posted

really because of hearing disability, I shouldn't work? So I should be discriminated against. Your an awesome lawyer! Thanks!! Should not have even wasted my time Only to get an answer for a dick.

Kelly Scott Davis

Kelly Scott Davis

Posted

Is this the way you speak to your residents?

Michael Leo Potter

Michael Leo Potter

Posted

Wow. A helpful suggestion (which is to hire an employee who can hear better and thus doesn't have to be so loud with resident in order to communicate with them) results in an insult from the questioner. We were just trying to help you. No need to be insulting.

Posted

Any time you are dealing with a potentially criminal investigation, your first step should be to consult with an experienced local criminal defense attorney. I would not post anything further about this issue online and would recommend consulting with the attorney of your choosing. You should be able to use the "find a lawyer" tab here on Avvo to locate an appropriate attorney. I'm sure you already recognize the potential harm that could come from an abuse allegation so you should be prepared to pay a good lawyer to protect your rights.

It is impossible to give specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided should be considered general information and are not legal advice. Only after a thorough personal consultation could specific legal advice be given. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. To enter such a relationship you and I would need to consult in person and form a mutually agreeable written contract of engagement. The answer(s) provided in this forum is intended to educate you and point to issues for you to raise in a consultation with a lawyer of your choosing who is appropriately competent in the field of law that your question concerns and who is duly licensed to practice in the jurisdiction where you live and/or where the events giving rise to your question occurred. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney. There are often strict deadlines for filing suit, responding to a suit or making an appeal and you need to personally consult with an attorney to make sure that you understand and meet those deadlines.

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Posted

Could be abuse but isn't automatically abuse. You should consult an elder law attorney and/or criminal attorney because abuse investigation can lead to criminal charges.

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.

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