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On the weekend I received a call from an APS worker from another state. She stated that someone reported me for neglect of my brother (he lives in the state that the APS worker was calling from) , she stated my number was given to her and that I needed to provide her with a statement of fact and the POA. Stated that she was working from home and that was her private number. She said that she with out to my aunt's house(my brother's caregiver) and then went to my brother's place of residence. Stated she knocked at the door and no one answered so my aunt had to go out there to unlock the door. He was there alone sleeping. Stated some more things about the siblings not getting alone, and that I was taking him to the bank to withdraw money. I asked her how could this possibly be true and I am not his caregiver, I don't live in the same state, and he does not live with me? She instructed me to write that in the statement of fact and fax it to her with a copy of the POA and other documents. I asked her for her supervisor's information and she asked why? I responded so I can find out why they would be calling me with knowingly false allegations. She declined to give her supervisor's info. Does this sound like something legitimate? Why would she be calling me and my brother does not live with me? Does she have jurisdiction to call me and I live in a different state than my brother? Note: All this happened after I called the police to do a wellness check because the VA hospital was trying to contact my brother to see how he was doing after being discharged (had another stroke). Before I called police to do a wellness check I tried contacting my aunt and texting her with no response, the VA Hospital was calling me saying the could not get in touch with my aunt and I sent my son to my brother's last known residence and no one answered. Then I get a call from my aunt after the police show up.

Look up the contact information for APS in that area and call to verify that this person is an employee before you do anything else. It seems to me if she is investigating she can't do that without contacting you, would you rather the investigation went on without your knowledge?
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Reply to cwillie
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It isn't uncommon for social workers to call from their homes or after hours. But since this person didn't want to ID themselves in any way, I would call your brother's county APS to check if there is a report involving you. Tell them you are willing to cooperate but you just need to have assurance you are actually dealing with APS and not some scammer. This is a reasonable request.

If you are the PoA but are not able to carry out your duties then you should resign so that APS can get him on track for a legal guardian who then WILL take care of his needs and manage his affairs.
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Reply to Geaton777
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Of course they have the right to call you or contact you. Why would they not?

The question is really if you are obliged to answer those questions. And that very much depends on who holds POA for your brother. If you, then I would think you need to answer ***only*** the questions that pertain to your obligations under the terms of the POA.

I myself would be very leery of answering possible legal questions over the phone, sight unseen, even if you were to get a "supervisor" to speak to. You have no real idea to whom you are speaking. And when it comes to the possibility of an investigation, remember there are no "off the record" questions or answers.

If you are indeed your brother's POA, then I would insist on anything they want to know to be presented in writing, and then, depending on the tone of the letter, I would bring it to an attorney for review.

If you are NOT your brother's POA, then I would send a letter to the address listed on your county's website for APS to the attention of person who called you - send it certified mail - and tell this person that you 1) are NOT your brother's POA and 2) you are NOT responsible for his care. Keep it short and simple; do not add any embellishments or explanations of who is responsible to take care of him, just that you are not. You don't need to explain why you aren't taking care of him, either.

Good luck.
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Reply to notgoodenough
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Block her number. She can contact you by mail with a letter on official letterhead.

It could be someone you aunt knows fishing for information.
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Reply to Southernwaver
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I wouldn't answer questions over the phone. Tell this woman to send everything in writing. I think some people who take on the responsibility of POA don't know how this can open them up to all types of scrutiny by these intrusive organizations. You are not even in the same state, so there is no way you will know what is going on in your brother's day to day life. You may think about stepping back from being POA and let APS appoint a guardian for your brother.

So, no one was able to locate the aunt and then she finally calls back after the police were called in. Aunt is the brother's caregiver and she couldn't be found.

I had a similar situation with my older sister calling and making fake reports on me to APS about my younger disabled sister. That entire situation was very annoying. I had just started a new job and finally the calls ceased at work because they didn't have the new phone number. It sounds like someone that you may know made these reports. You were trying to do the right thing by having a security check on your brother and it was flipped on you.
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Reply to Scampie1
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You are POA for your brother. If there is an issue with him of course they have the right to contact you. They have the right to take POA from you and apply for emergency temporary guardianship of the state through the courts.

OK. TONS of problems here.
You are POA for your brother? Is your brother competent in his own care or not? Because if he is not, you are his POA and obligated to check on him. Which it seems you were doing.
You called authorities.
Looks like they had found problems and they called in APS.
It is entirely possible that APS is working from home.
However, you DO NEED PROOF OF WHO YOU ARE SPEAKING WITH.

I would myself call APS in the area. Tell them what you have told us.
OR, next time you are contacted tell this woman tell her that you "DO NOT BELIEVE" that she is with APS. Tell her that you need the phone number of the APS offices and you will call them. Then get off the phone, check that this IS the number of APS. Make the call.

There are issues here. This is a real bad situation in which the WELFARE of your BROTHER is somehow getting lost.

1. You are POA and you are ALREADY CONCERNED about your brother's welfare. YOU called for a wellness check.
2. That wellness check didn't go well. Whether you are out of state or not you are OBLIGATED LEGALLY by your current POA to be certain brother is OK.
3. Either you are being called by APS or not and you need to know and what motive ANYONE would have here to put a neighbor up to such a call begs the question.
4. As POA you need now to check on your brother.
5. Time for family leave and a trip to brother.

You may be looking here at charges against you as POA who is negligent, and you may be looking at the state VERY QUICKLY having "Emergency temporary guardianship" of your brother. If that happens EVERYTHING will be examined. His care, his ability to live alone, who is in charge, what records of finances are being kept and etc.

Call back the number that contacted you if you aren't contacted. Tell them you need some proof that they are indeed Adult Protective Services. IF THEY ARE YOU NEED TO BE FULLY COOPERATIVE. This is about your brother's safety.
HE MAY NEED CARE. You aren't being contacted by those who are supposely in care of him.
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Reply to AlvaDeer
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Vanessa7 Sep 4, 2024
I am the DPOA. I am in the process of getting a SSA payee for him. I am willing to cooperate. She called me on her private number from her home on Saturday. I can't said for sure who she is. She did not provide me with any proof. Her name she gave me is on the dss website. She text me instructions on what information to send her after the call. I text her back to please request what you need from me in writing. She never responded back. I called her during the weekday and she never returned my call. Even my aunt say that she just talked to her and she was the items she requested from me. This is to weird. Going on day 3 with still no call back or response. Currently I'm not able to take care of him anymore and that is way he moved to be cared for by my aunt and cousin. He has children and a spouse that refused to help him. I would like for him to be appointed a Guardianship and would l like to relinquish dpoa.
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There’s some important information missing in your post. Who is his POA? Does your aunt have access and authorization regarding your brother’s bank accounts? You say your aunt called after the police responded to your call for a welfare check but say nothing about what the police reported to you or what your aunt said. More information would be helpful. However, until you verify the truth of the claim of an APS investigation you should not divulge any information or provide information to the supposed investigator. You need to speak to your brother.
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Reply to RLWG54
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AlvaDeer Sep 4, 2024
Ah, RL, you are right. Seems that what's missing here is a clear statement of WHO IS THE POA. I think this OP is looking at an emergency order of guardianship by the state if she/he doesn't act quickly. Makes this all a bit suspicious.

So, OP, WHO IS THE POA?
Why the hesitancy to give the world the legal documents?
Who IS taking brother to the bank?
I think I would call APS and beg that they intervene myself, instead of trying to avoid them by saying "I am in another state".
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If you live in another state, you need to review the reasons you have a power of attorney. If you have a durable power of attorney, then you should know his financial and medical situation, and be prepared to make decisions on his behalf. You are responsible for his welfare. You can go get him and move him to your state, even to your house. Otherwise you have to deal with APS in his state. I thought that all these people were looking out for my mom in her home in Alabama but my experience and talking to other caregivers led me to believe that they were trying to get her money and even her house by becoming her guardian. They have to justify their existence and want promotions. If you don't want to go get him, they may take any assets he has, and put him in a state-run facility.
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Reply to CareforMominTN
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Do you have POA? If your brother can make his own decisions, its not invoked yet. Even if its immediate and he is competent not much u can do if he doesn't ask for help. Having POA in another state is hard because you cannot carry out certain responsibikities.

I think you are right to be cautious. Call APS in the County your brother lives. Seems to me though, you really are not involved with brother if your not sure where he lives. And yes, I think Aunt called APS after you asked police for a wellness check. I have to agree, if you feel you cannot carry out the responsibilities of a POA, if u have it, then maybe you should revoke it and allow the State take over brothers care.

I have a feeling the VA released brother because he said Aunt would be caring for him and she isn't. To send him home with no one to care for him was an unsafe discharge on the hospitals side. Now, no one can get in touch with him or Aunt.
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Reply to JoAnn29
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I am the DPOA. I am in the process of getting a SSA payee for him. I am willing to cooperate. She called me on her private number from her home on Saturday. I can't said for sure who she is. She did not provide me with any proof. Her name she gave me is on the dss website. She text me instructions on what information to send her after the call. I text her back to please request what you need from me in writing. She never responded back. I called her during the weekday and she never returned my call. Even my aunt say that she just talked to her and she was the items she requested from me. This is to weird. Going on day 3 with still no call back or response.
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Reply to Vanessa7
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AlvaDeer Sep 4, 2024
They have no power over YOU but they soon may have ALL the power over brother. She can go to court for emergency custody order of protection/ order of temporary guardianship of your brother if they find him neglected and you non-responsive. Those are the facts. Guardianship overrides your POA.
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