Legal Question in Elder Law in New York

Adult Protective Services

I reported an obvious case of financial abuse of an elder. Adult Protective Services has closed the case stating that it did not fulfill their requirements for any further investigation.

Now, when I say ''obvious'', I mean it. There is zero doubt. Witnesses with no financial interest have also provided damning data, apparently to no avail.

My question: What hierarchy to follow on up the chain so that someone makes APS responsible for doing their job? Governor? State Senators? What is the chain of command here?

Thank you in advance.


Asked on 11/12/08, 6:28 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: Adult Protective Services

I don't know. Try the District Attorney's Office. I don't know that financial abuse is within the scope of APS' rsponsibilities. You may be able to file for guardianship of the elder under Article 81 of the Mental Hygiene Law, and then in that capacity bring a lawsuit against the person or persons you suspect of stealing money.

Other than that I really don't know what to tell you.

Rick Bryan

New York, NY

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Answered on 11/12/08, 9:16 pm


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