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Can I sue Adult Protected Services for not following up on a urgent neglect claim I made on my elderly mother?

Boston, MA |

I made a complaint of 09/13/13 to APS. I told them my mother had dementia, was being neglected, needed to be checked on right away, gave all information to them including Doctor #'s, etc. The next I heard from them was on 09/23/13 saying they tried to contact my Mom, but she would not open the door for them. I believe the MA law states if a person is in danger, and a report is made, follow-up must occur within 3 days. They waited 10 days to contact me. It just so happens that at the same time they were calling me, my Mother left her apt to go to the store and fell. She is now in a Coma with brain damage. If they just did what they promised me they would do, I know she would be o.k. today.

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Attorney answers 3


I'm a little uncertain as to what exactly you would have had them do when your mother wouldn't let them in? They can't break down the door and cart her off based upon a report alone. Had you seen an attorney about filing a petition to be appointed her guardian/conservator? If you really thing you have a cause of action against APS you need to see a personal injury attorney ASAP as this would fall under a governmental claims act which typically has hoops you need to jump through and a short time frame in which your action has to be filed.

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Who were you complaining about neglecting your mother. If you were concern why did you not file for guardianship? The state is limited In what they can do until it is proved that she is a danger to herself or others.


Q: Can I sue Adult Protected Services for not following up on a urgent neglect claim I made on my elderly mother?
A: No.

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