Question: After their retirement 15 years ago, my parents moved from their home in the Midwest to the south. My mother died two years ago, and Dad (now 80) decided to stay and live by himself. Since I live on the west coast and my sister in the northeast and both have families, we are lucky to be able to get together once or twice a year, but try to call a couple of times each week to check on him. When we were unable to get Dad on the phone, we became frantic and finally learned that he had been taken into the custody of “adult protective services” because of neglect. We knew that Dad was still sad about our mother’s death, but when we last saw him, he was able to drive and got around pretty well. We tried to have him come back and live with us, but he refused. He also refused to sign any power of attorney for me, saying he could take care of himself.

When I arrived, I was shocked at his almost emaciated condition, the filth in his house, and the sores on his body. My wife and I are trying to take Dad home with us, but he is now in the custody of the state, is in a nursing home, and I am being questioned about how he got in this condition. I am flying back and forth to my home which is expensive and is hurting my small business which I run by myself. What can my sister and I do?

Answer: “Adult Protective Services” is a group of services provided by each state which are designed to help vulnerable elderly persons who are victims of abuse, neglect or exploitation. In the case of imminent danger, state laws provide for certain types of emergency intervention which include taking the vulnerable adult into custody. Various agencies – including law enforcement, long-term care ombudsman, and departments of social services -- are involved in the investigation, reporting, and prosecution of these types of cases.

Generally, state vulnerable adult and protective services laws target not only physical and psychological abuse, but also financial exploitation, and failure to care for elderly persons. Although state laws differ in methodology, they generally include both civil and criminal remedies which are designed to both protect the elderly person and to slow the fast-growing problem of abuse, neglect and exploitation of the elderly.

Where, as here, your father was apparently in danger of malnutrition and illness and either unable or unwilling to seek medical care, adult protective services determined to take custody of your father as part of an emergency intervention to provide him with the care he needed. Depending on where your father lives, these protective proceedings may take place in either the family court or probate court. In some states, there are conflicts between protective proceedings brought by the state and guardianship or conservatorship proceedings.

While public policy demands that these problems be dealt with, there are many competing and difficult questions which include not only making sure your father is protected from abuse, neglect, exploitation, and abandonment, but also respect for his independence.


Where, as here, emergency proceedings are instituted, hearings must be held within a relatively short time period. Since you are being questioned about possible neglect, your interests and his are divergent. We suggest that you immediately hire an attorney to represent your interests. A guardian ad litem and attorney should be appointed for your father. Your problem points up the need for families who are separated by distance to consider the use of geriatric care managers who can visit and report on elderly parents and relatives on a regular basis. This process requires that families sit down and discuss care issues in a manner that will not offend the elderly person, but will assure protection.