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What rights do I have while being under APS investigation due to a frivolous complaint made by my mother's sister? Her sister claimed that I made $30,000 dollars off selling moms house which was a lie and I already sent copies of the documents and check that was made out to my mother for $10,183 from the short sale of her house. Now they’re looking at bank statements and my mother doesn’t feel they need to do that. Where can I find what my rights are regarding this investigation?


susan xoxoxo

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Been there. The best thing you can do is to be helpful and responsive to them. You have nothing to hide so don't make it difficult for them. It will only drag the investigation out and increase suspicion.

Twisted sissies had me investigated and I was actually relieved that happened. There were so many accusations from those two, hopefully the investigation would shut it down. Of course there was nothing of the sort.

Guess what, it didn't. They were certain I was taking money, etc. That is their problem, not mine.
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This is an investigation claiming financial abuse. If you are wise you will give them all the records you have. Do you have POA? If so, hopefully you kept absolutely meticulous records in your mother's behalf and will have all of the information they require including your mother's bank statements and etc. Turn it all over openly. Anything else will create suspicion. I think that many who take over as Trustee or as POA don't understand that meticulous record keeping of all finances incoming and outgoing should be kept in a dedicated file. I myself even kept a diary in a composition book in ink with no tear-outs. Were anyone to come at me with any questions the answers were at my fingertips. There is great comfort in knowing that when you are taking on in full trust the affairs of one you care for that NO ONE can ever accuse of of not having his or her best interests at heart. Since you are the one who has handled all of this, it is not a question now of what your mother feels. The accusation is against you, not your mother. Wishing you luck going forward. You would be forgiven likely for something you didn't KNOW, but not to say, selling short a home to an acquaintance or relative, and etc.
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Thank god only finances.   I don't think you have any rights, you have to hand over records.
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I'm a little confused by your post; who is "they" who are looking at bank statements? Is it APS or is it relatives?
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As long as you have the records showing the sale of the house, there should be no problem there.

My Moms life was in her bank statements. Her SS coming in, the bills going out. If a check was written to me for Out of Pocket, I had the receipts for what I had purchased.

Just be honest when answering questions. Give them whatever they need.

Like said, it will work out in your favor because...there will be a record that the complaint was unfounded and they will be more likely to not believe the person if they complain again.

Come back and tell us how things work out. If Mom is competent, they should go along with what she tells them.
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Hello and thank you all for your replies. ‘They’ are APS. I sent copies of the check issued to mom from the sale of her home and all the documents pertaining to that over to APS. The only reason we did a short sale was to prevent the house from being auctioned- we didn’t even know about the foreclosure until November 2019 and it was scheduled to be auctioned on February 2020. Moms brother who lives in another state had POA up until January 2020 after we discovered (unfortunately, too late) several financial and payment discrepancies/ mishandling she had done, including the house payment.
I have POA now and moms brother and sister aren’t happy about that (although they haven’t even attempted to call her or anything for almost two years) and they have always and will continue to point their fingers at me and cause me grief- it’s been this way for over 30 years. It’s drama and they have done far worse to me over the years. Anyhoo, thank you all again for your advisement.

susan xoxoxo
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