I'd rather not go into details, but APS said that I was guilty of negligence because I did not take my mother to the ER. I was reported by her Home Health Agency. I am heartbroken because I take care of her 24/7 & these charges were brought against me out of spite. All of her doctors & medical professionals are appalled. She is so scared that they are going to take her away from me. I never thought this could happen to us. We just live our lives by ourselves. What type of attorney do I hire to fight this?
I will say only this, and as a general comment and general rule.
Patients do not have to be transported to ER. In fact, in old age it is more common that they are not. These would be circumstances for not transporting a patient to ER:
1. The patient has a POLST (physician's order) hanging in the home that says they do not want heroic measure, and deliniating what other measures they do not want (such as transport to hospital.
2. DNR orders and advance directive
3. Presence of a POA who holds legal rights to refuse transport of a patient with a DNR
4. Hospice care
5. Patient who is mentally clear and capable refusing transport to an ER
So there is more to your story that we cannot know.
I would cooperate with the APS and answer all questions truthfully. The court will decide if they feel you are capable of continuing care, or if your mom were better placed in care under guardianship of the state.
IF this latter "worst case" happenstance occurs your cooperation and understanding will mean you will still get to visit your mother, but that you will no longer manage her care or her finances.
I am so sorry. Without your explanation we can but guess as what's going on here. I wish you and your mom the very best. I hope you will update us how this is all going. Sit tight, answer questions honestly, do your best. You can do no more.