Hardly a week goes by without a news story concerning the abuse of a vulnerable senior. Whether living alone or in a group setting, these vulnerable elders, often lonely, confused, and frail, are easy prey for those who would take advantage of their situation.
Figures from the National Council on Aging are truly sobering. NCOA estimates that at least ten percent of seniors have experienced some form of abuse, a figure which reportedly doubled during the COVID pandemic. However, these statistics grossly underestimate the degree of the problem, since only a small percentage of cases are ever reported.
Abuse, which can be physical, psychological, or financial, is most often committed by family members, says NCOA. Only about 13 percent of abuse is believed to be perpetrated by a non-family caregiver.
Adult Protective Services Programs Exist in Every State
In researching this article, we discovered this fact sheet from the National Council on Elder Abuse. It explains that Adult Protective Services programs “promote the safety, independence, and quality-of-life for vulnerable adults.” These are seniors who are in danger of being abused or neglected, or are vulnerable to financial exploitation, and are unable to protect themselves.
“[Adult Protective Services] is a social service program authorized by law in every state to receive and investigate reports of elder or vulnerable adult maltreatment and to intervene to protect the victims to the extent possible,” the NCOA explains. Even though every state has an APS program or equivalent, these plans do operate under state laws and may vary slightly.
This website offers links to the relevant senior protective services in each state.
What Happens in Washington State when Abuse is Alleged?
Because AgingOptions and Life Point Law are headquartered in Washington State, we wanted to discover what happens when a complaint of senior abuse is lodged. This website from the Northwest Justice Project, called Washington Law Help, aided us in our investigation.
(For more details, visit Adult Protective Services online. And if you live outside of the Evergreen State, check out the agency that serves your state or county.)
As the website explains, “APS investigators respond to reports of possible abuse, neglect, exploitation, stealing of property, or abandonment of vulnerable adults living at home or in a facility.” For APS to respond, so-called “vulnerable adults” are typically age 60 or older and unable to care for themselves due to ill health, frailty, cognitive decline or developmental disability.
Seniors at risk of abuse can be found in any living situation: nursing home, adult family home, boarding home, or living independently. In some cases, they may be receiving care from home health, hospice, or home care agencies, or from a family care provider. No one is completely immune from the danger of abuse.
Any APS Investigation of Abuse Demands Immediate Action
The Washington Law Help website explains in step-by-step fashion what happens when someone lodges a complaint of elder abuse. The article is written as a guide to the person who has been accused – but even if that’s not you, the piece does help explain how Adult Protective Services looks into abuse claims.
One notable warning: don’t hesitate to call APS if you suspect someone has accused you of abuse, even if the accusation is groundless. “If you’re not sure if APS has an open investigation on you, contact them and ask,” says the website. “Protect yourself. Follow up in writing. Save a copy for your records.” (You’ll find Washington State APS contact information here.)
The First Step: An Unannounced Visit and Plenty of Questions
According to Washington Law Help, the inquiry into alleged abuse can start with a knock on the door.
“An APS investigator will make an unannounced home visit,” the site explains. “They will also interview you, the alleged vulnerable adult, the person who made the allegation, and other witnesses. They may take photos and review records, including bank and other financial documents.”
In a worst-case scenario, if the investigator believes that the conduct might be criminal, APS can call in local police. Barring that drastic action, APS operates on its own schedule, with no official time limit to complete the investigation of abuse.
You’ll Receive a Letter with One of Three Outcomes
What happens after the initial inquiry? In the case of an Adult Protective Services investigation, silence is definitely not golden.
“Don’t assume that the investigation is over just because APS has stopped contacting you,” the website warns. “It’s only over once you get a letter from them saying so.”
The letter you receive is extremely important, because it describes the agency’s initial findings from the investigation. These findings typically include three possible determinations.
If the findings are “Substantiated,” it means, more likely than not, that the alleged abuse or neglect happened. If the findings are “Unsubstantiated,” that means the abuse or neglect likely did not occur. If the findings are “Inconclusive,” it means the agency can’t make a reasonable determination about the validity of the accusation.
Adult Protective Services is required to notify you of their findings by both certified and regular mail. Pay attention to this letter, because your window to challenge the determination is limited.
For Adults Needing Protection, APS Can Propose Various Remedies
What happens if the APS investigator decides the vulnerable adult needs protection? In that case, the agency can require one of several solutions.
APS can seek a protection order, barring the perpetrator from any further contact with the victim except under court-determined provisions. APS can also file for guardianship or conservatorship to bring in someone under court supervision to help the vulnerable senior manage their affairs.
There are also other protective agencies and protocols designed to protect vulnerable adults.
You Have Important Rights During the APS Investigation
The Washington Law Help article goes into great detail about the hearing process to investigate allegations of elder abuse – detail for which we lack the necessary space. If this issue affects you or someone close to you, we strongly suggest you check out the original article.
But if for any reason you find yourself the target of an APS investigation, you have important rights and legal protections, especially during the fact-finding interview process. We’ve summarized a few of these rights below.
You have the right to have a third party with you during the interview, such as a friend, lawyer, union representative, family member, or guardian. If you don’t speak or understand English well, you have the right to a free interpreter who is not a family member.
If you have a disability, you have the right to any necessary accommodations. You have the right to stop the interview at any time and reschedule. You can also refuse to take part in the interview if you so choose.
An Adverse Ruling Has Far-Reaching Consequences
For the person who is subject of a substantiated APS complaint, the repercussions are lasting, even though it’s not considered a criminal conviction but an administrative finding. For example, any time you apply to work with children or vulnerable adults, a DSHS background check will show that you were on the receiving end of an APS finding.
“The APS finding appears as an adverse action of abuse or neglect, even if you’re appealing it,” the article warns. “A substantiated finding permanently bars you from any work or volunteer position that would give you unsupervised access to children or vulnerable adults, including volunteering at a child’s school, housekeeping for a long-term care facility, or caregiver jobs, among others.”
Your name will also appear on the state’s Vulnerable Adult Abuse Registry. But your name is removed if you successfully appeal the finding.
Requesting a Hearing, Preparation, and Scheduling
As noted above, the Washington Law Help article contains extremely helpful details about the process of requesting, preparing for, and (if necessary) appealing the results of a hearing. The important point here is that, after you get a “substantiated initial finding” letter from APS, you only have 30 days to request a formal hearing.
Under Washington State law, the Office of Administrative Hearing [OAH] will send you details regarding your case and schedule a pre-hearing conference, typically by phone. During this conference, be sure to document any future dates when you’ll be unavailable to attend your hearing, and back up those dates in writing.
“Otherwise,” says the article, “OAH just picks a date on its own. Changing the date can be hard.”
The Hearing Can Last More Than a Day, so Be Ready
Before your hearing, you’ll have the opportunity to gather and submit any mitigating evidence you want to put before the Administrative Law Judge conducting the hearing. Then, on your hearing day, be prepared for a marathon.
“Like the pre-hearing conference, this will probably take place by phone,” says Washington Law Help. “A hearing could last more than a day. If you don’t have a phone with reliable coverage and enough minutes, call OAH or APS to ask for an in-person hearing, or use another phone.”
After the hearing, you and APS will receive an Initial Decision in writing from the Administrative Law Judge. It will explain the appeal process, which has to be initiated in writing. If your appeal is unsuccessful, you may decide to engage an attorney and take your case to Superior Court. However, if the decision goes against Adult Protective Services, they do not have the right of appeal.
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