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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27454
Experience:  18 years of litigation experience.
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NY Do i have to allow some type of case worker inside who

Customer Question

NY Do i have to allow some type of case worker inside who claims that there was a complain of elder financial abuse or fraud? Isn't that disruptive if there is no grounds and on the contrary is harrasment if by someone maliscious? Can i turn them away on any grounds?
Submitted: 11 months ago.
Category: Family Law
Expert:  Zoey, JD replied 11 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 11 months ago.

You can send them away and ask them to come back with a warrant.

Customer: replied 11 months ago.
what does a warrant look like?
Customer: replied 11 months ago.
What if the person comes with other people to intimidate me? My front door does not lock anymore but the inside does. THe person making the accusation knows how to create commotion and disable others who are weaker.. IN this case an old school type family.. immigrants who care for their own parents. This accuser married into the family a year ago and wants bookeeping now... i think..and was getting a divorce and changed her mind...so too many details.. BUt i feel we are honest in the end....and can prove it so i am not worried...
Expert:  Zoey, JD replied 11 months ago.

I don't know what the specific form the agency would use. However, it would be a court order signed by a judge and would specify that they would be allowed to access a specific residence. With such documentation, they do not need your permission to enter. They can just come in.

If the person who made the complaint comes to your door with other private citizens to intimidate you, you can ask them to leave and tell them that if you don't you will report them and have them arrested for trespassing. Then, that's what you'd do.

Customer: replied 11 months ago.
even if they come with proof of being former occupants?
Expert:  Zoey, JD replied 11 months ago.

What does the fact that they were former occupants have to do with anything? If they are not present occupants and you are, you do not have to let them in.

If they are government agents, such as police or caseworkers from Adult Protective Services and there on official business, you can ask them for a warrant and you'd be entitled to have a lawyer on the premises when they show up with one to make sure your rights were protected. But if they are ordinary private citizens, you can deny them access.

Customer: replied 11 months ago.
the police already came and i set an appt for the former occupant to never come unannounced ever again. We made an appt for the person to retrieve their belongings on the weekend at noon... The person is getting revenge and knows the system and trying to put my parenst into dementia nursing homes instead of allowing them to age gracefully with familiar faces..They are making premature accusations and have no respect for the aging process when the elderly still have lots of autonomy.. It is a disgrace
Expert:  Zoey, JD replied 11 months ago.

Are you saying that he failed to show for his appointment but came back at another time? You still don't have to let him in unannounced at a time not good for you. You could talk to the police and try to get a protective order if he's harassing you, or have them make it clear to the person that either he shows up at on X date and time or you'll put his property out on the street.

Customer: replied 11 months ago.
no...we only made the appt today when the police came ...The occupants are my parents and are being accused as having dementia and not being cared for properly. Which is rediculous. It's on the other hand excellent with labwork to prove how in my care, there's no need for drugs and in the former occupants care, there was chaos. APS wants to see if there's elder abuse and financial abuse of the elder owner of the home whom there are attempts to drive them out and into nursing homes .
Customer: replied 11 months ago.
This is scathing disregard and disrespect for the aging process from independent to dependent via directives being attempted by an non family member who is clueless of the needs of those who have close family dynamics.
Expert:  Zoey, JD replied 11 months ago.

APS, of course, is mandated to check out such complaints. The problem is with those who would abuse the system, as you, unfortunately, have apparently already found out.

I wish you the best with this very stressful situation.

Customer: replied 11 months ago.
APS came and i told them i need a court order and they said they don't need one. So i asked if they can come back so i can find out with an attorney i am going to see tomorrow. So he gave me his number to let him know.
Expert:  Zoey, JD replied 11 months ago.

Thank you. Please keep me posted.

Expert:  Zoey, JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 11 months ago.
You said above: "You can send them away and ask them to come back with a warrant"Is this really true?
Expert:  Zoey, JD replied 11 months ago.

They do not have to have a warrant, but you have rights too. You can refuse to let them in without a warrant. That means they will get one, and you are only delaying the inevitable. But you do have that right.

Customer: replied 11 months ago.
What would the judge require from the social worker to grant them a warrant ? And what can I provide the judge to prove care is more than fine?
Expert:  Zoey, JD replied 11 months ago.

If you absolutely refuse to let the social worker in, she can seek an administrative warrant. Administrative warrants need something less than probable cause. The complaint plus the fact that you wouldn't let the social worker in would likely be sufficient for the granting of a warrant, and, of course, once was in hand, you'd have to let the social worker in.

If the care is more than fine, the social worker will tell the court that and the judge would accept that. If the social worker feels otherwise, then evidence from other relevant professionals and witnesses as to the quality of your care would be useful.