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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6260
Experience:  20 years of professional experience
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My question is protective servers: I've been caring

Customer Question

My question is for adult protective servers: I've been caring for my mom for five yrs.now she is 82yrs.old.who suffers from dementia. My brother took her for a couple days.now he tells me that the police and APS is making her go to a nursing home. Without my consent or court order. He is checking her in...I don't think this is rite is it
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
What state are you located in?
Customer: replied 1 year ago.
California
Customer: replied 1 year ago.
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Expert:  Maverick replied 1 year ago.
http://www.dss.cahwnet.gov/getinfo/pdf/apsman.pdf
The manual above will assist you going forward with this matter.
A. On page 45, you might be able to close the APS case by going there and accepting responsibility for mom's protection and care; So, try this first. See: " .28 The client has been referred to another agency/resource that has accepted responsibility for the client and protection issues have been resolved."
B. See page 48: .2 The adult protective services worker shall, consistent with the health and safety needs of the client, give priority to providing in-home protection rather than removing the client from his/her home.
C. See page 60: ".4 Acceptable emergency shelters include, but are not limited to: ***** ***** home of a family member or friend."
1. now he tells me that the police and APS is making her go to a nursing home. Without my consent or court order.
Since there appears to have been a neglect or abuse report made to APS, APS can do this until someone shows that that they are the legal guardian of mom.
So, you or your brother will need to file for the same. In CA, a legal guardianship for an adult is called a conservatorship. It can only be established by an order of the probate court. A conservator is appointed for another adult when the probate court concludes that the adult cannot manage his finances and personal affairs.
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