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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
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Experience:  Litigation Attorney with education focus on estate planning and tax
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What should be the first step to take in elder abuse of my

Customer Question

What should be the first step to take in elder abuse of my mother given by a sibling who is a live in caregiver?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
The first thing you should do is contact your local Colorado Adult protective services (APS)or local law enforcement agency. Colorado Statute 26-3.1-101 provides guidance on elder abuse and definitions to use when considering if this claim is valid under the law (see below for link. The following language will give you a description of what is needed and the step that will follow. Basically your only step is to contact APS or law enforcement and they will investigate. If they find the presence of neglect then they will come to the nearest relatives for guidance or support for your mother.
26-3.1-103. Evaluations – investigations – rules
(1)The agency receiving a report of mistreatment, self-neglect, or exploitation of an at-risk adult shall immediately make a thorough evaluation of the reported level of risk. The immediate concern of the evaluation shall be the protection of the at-risk adult. The evaluation, at a minimum, shall include a determination of a response
time frame and whether an investigation of allegations is required. If a county department determines that an investigation is required, the county department shall arrange for an investigation and subsequent provision of protective services to be conduction by persons trained to conduct such investigations and provide protective services.
(2) Each county department, law enforcement agency, district attorney’s office, and other agency responsible under federal law or the laws of this state to investigate mistreatment, self-neglect, or exploitation of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such
agencies. The focus of such agreement shall be to ensure the best protection for at-risk adults. The agreements shall provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements shall further provide that each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigations.
(3) Each county or contiguous group of counties in the state in which a minimum number of reports of mistreatment, self-neglect, or exploitation of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the
establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment, self-neglect, or exploitation of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment, self-neglect, and exploitation of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services, which rules shall govern the establishment, composition, and duties of the team and shall be consistent with this subsection.
See link for Colorado Statutes:
http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22AAS+APS+Statute+2013.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251933599516&ssbinary=true
See link for more information via powerpoint:
http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Mandatory+Reporting+Powerpoint.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251951446828&ssbinary=true
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated.

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