One of my mother's caregivers has quit, and she is now accusing me of calling Adult Protective Services on her. She takes care of her elderly father in law. I told her that I did not call anyone, and she left me a very abusive mean voice mail telling me that she knows that I was the one who called. She told another mutual friend of mine that the Adult Protective Services told her sister that they could not tell the identity of the person who did call until after the Invesitigation is over. Can you find out how long it takes for an investigation would take? And what if whoever did call, used my name? What is my recourse? I did not call, and if I ever needed to call to file a complaint, I would admit it, I am not sneaky.
Country relating to Question: United States
State (if USA): Texas
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.I am sorry for your situation. Can you find out how long it takes for an investigation would take?This varies, but generally speaking, Adult Protective Services follows the following steps:1 - interview all parties (takes a week to three weeks)2 - file in court for intervention if it deems necessary (about 4 weeks out, earlier if this is deemed an emergency); or the matter is dropped.3 - action plan is developed and the matter is revisited every few weeks to ensure that everyone is following it4 - if there are issues, the Adult Protective Services can file for temporary orders to take charge of the situation with the Court.So the investigation will be rather swift, especially if the accusations are major.And what if whoever did call, used my name?You can call the protective services yourself and ask if your name was used for this. They would tell you.What is my recourse? I did not call, and if I ever needed to call to file a complaint, I would admit it, I am not sneaky.You have the right to file (1) defamation and (2) invasion of privacy against the individual who actually filed your complaint.In Texas, the elements of a defamation claim are publication of a statement; that was defamatory concerning the plaintiff; with the requisite degree of fault. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998).Invasion of privacy includes "appropriation of a name or likeness" and may possibly also be added to the suit in Texas. Cain v. Hearst Corp., 878 SW 2d 577 - Tex: Supreme Court 1994.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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