Fact Sheet: Adult Protective Services, What You Must Know

FACT SHEET

Adult Protective Services, What You Must Know

What is APS?

Adult Protective Services (APS) programs promote the safety,

independence, and quality-of-life for vulnerable adults who are, or are

in danger of, being abused, neglected by self or others, or ﬁnancially

exploited, and who are unable to protect themselves. APS is a social

service program authorized by law in every state to receive and

investigate reports of elder or vulnerable adult maltreatment and to

intervene to protect the victims to the extent possible.

APS can differ from state to state and even from county

to county in terms of deﬁnitions, client eligibility

requirements and standards of practice. In the vast majority

of states, APS clients are “vulnerable adults”, or adults 18 and older

with a signiﬁcant physical and/or mental impairment. In a few states

APS serves only older persons (usually age 60 and above), while in

a few other states older persons can be served based on age alone;

i.e. they do not have to have a disability. APS responds to reports of

elder/vulnerable adult abuse in private homes in every state; in about

half the states they also investigate reports in nursing homes and

other long-term care facilities.

REPORTING ELDER/VULNERABLE ADULT ABUSE

In nearly every state there are certain professions that are required

by law to report concerns of maltreatment (called “mandatory

reporting”). Some states require all citizens to report concerns. All

states accept voluntary reports, allow for anonymous reports, and

provide good-faith reporters with legal protections.

Reports to APS are often made by phone, although some states have

web-based methods of accepting reports. For a list of state reporting

information, please visit

www.napsa-now.org/help-in-your-area

When a report is made, the program must determine if the victim

and the allegations meet state deﬁnitions/criteria. Reports that do not

are referred to other agencies for assistance.

APS must always balance the duty to protect

the safety of the vulnerable adult with

the adult’s right to self-determination. All

vulnerable adults should be treated with

honesty, caring, and respect.

WHAT DOES APS DO?

• Receives reports of alleged abuse, neglect, self-neglect or

ﬁnancial exploitation and determines if the client is eligible.

• Investigates the allegations through interviewing the client,

collateral contacts, alleged abuser(s) and through examining

evidence such as medical and bank records.

• Addresses emergency needs for food, shelter or law enforcement

protection

• Determines whether abuse is occurring or not. If it is not, the

case is closed.

• If it is, develops a case plan, with the client, to stop the abuse,

and to address the client’s health and safety needs through

services such as medical or mental health treatment, housing

assistance, legal assistance, ﬁnancial assistance, personal care,

and home delivered meals.

CLIENT PROTECTIONS

• As is the case with any adult, victims have the right to decline

protective services unless a qualiﬁed professional determines they

are unable to make decisions for themselves. In these cases,

APS may need to petition the legal system to appoint a guardian

or conservator, or seek a court order for involuntary protective

services. It is the duty of the APS professional to exhaust all other

measures before seeking involuntary protective services.

• All client information is held in strict conﬁdence by APS and

generally may not be disclosed without a court order or a release

of information signed by the client.

• APS professionals work collaboratively with other professionals

to ensure the safety of vulnerable adults. This collaboration often

takes the form of multidisciplinary teams consisting of professionals

from social services, criminal and civil justice, mental health,

medicine, ﬁnance, public health and other services.

Frequently Asked Questions (FAQ)

I’ve witnessed vulnerable adult maltreatment and wish to make a report. Can I make an anonymous report to Adult

Protective Services? If I disclose my identity, how will that information be used?

Yes, any person making a report to APS can do so anonymously. Please visit www.napsa-now.org/help-in-your-area for more information

on how to make a report in your area. Providing your information will allow the APS investigator to contact you in order to request additional

details about your concerns. While some state laws protect the identity of the person making the report, others do not. It is important for you to

understand that, depending on state law, the vulnerable adult who is the subject of the report may discover that you made the report to APS.

I made a report to Adult Protective Services, but have not heard back from the program about the status of the

allegations I reported. Why is this?

Despite being a government record, APS records and the ﬁndings in any case are not public record. All documentation completed for an APS

case must be kept conﬁdential and can only be released to the vulnerable adult or persons designated by the vulnerable adult to receive the

information, much like medical records, or by court order.

A close relative of mine was reported to Adult Protective Services. What should I do?

The single most important action you can take is to cooperate fully with the investigation and provide any information you can if contacted by

the investigator. Many reports to APS are found to be unsubstantiated and the case is closed when this is determined. If maltreatment has

taken place, you may be asked to assist with whatever action is necessary to keep the vulnerable adult safe.

Someone made a report to Adult Protective Services that I was being mistreated. What are my rights?

It is the duty of the APS investigator to inform you of your rights at the beginning of the investigation. You will have the right to determine what

happens with your situation and what assistance you will receive unless a psychologist or physician evaluates you and reports that you are

unable to make your own decisions and a judge concurs. It is important that you cooperate with APS as they determine if maltreatment has

occurred. You may read about the APS Code of Ethics at www.napsa-now.org/about. Remember, APS’ only goal is to help you be safe.

I made a report to Adult Protective Services and know that maltreatment occurred, but the case was closed. Why did

this happen?

There could be several reasons as to why the case was closed without intervention. The APS investigator may have determined that the

maltreatment did not meet the legal, APS deﬁnition of such. The vulnerable adult may have declined protective services, despite maltreatment

occurring. Perpetrators of vulnerable adult abuse are often adult children (20%) or other family members (19%) whom the vulnerable adult may

wish to protect despite the maltreatment

Someone made a report to Adult Protective Services that I was being mistreated. Will I be placed in a nursing facility if

the maltreatment is conﬁrmed?

The majority of APS investigations do not involve involuntary intervention. It is very unlikely that you would be placed into a nursing facility

without your consent. APS professionals can only seek involuntary intervention when a judge orders the involuntary intervention. It is the

responsibility of the APS professional to use the least restrictive services ﬁrst whenever possible—community-based services rather than

institutionally-based services

I made a report to Adult Protective Services and the allegations were deemed substantiated. The victim appears

confused and forgetful, but APS still took no action. Why is that?

There could be several reasons for this outcome. Despite exhibiting some confusion or memory loss, the impairment may not be signiﬁcant

enough for a psychologist/physician to recommend involuntary intervention. Involuntary intervention may not be warranted given the extent of

the maltreatment.

(Teaster, et al., 2007)

(National Adult Protective Services Association, n.d.)

About the National Adult Protective Services Resource Center (NAPSRC): The National Adult Protective Services Resource Center (NAPSRC) is a project

(No. 90ER0003) of the Administration for Community Living, U.S. Administration on Aging, U.S. Department of Health and Human Services (HHS), administered

by the National Adult Protective Services Association (NAPSA). Grantees carrying out projects under government sponsorship are encouraged to express freely

their ﬁndings and conclusions. Therefore, points of view or opinions do not necessarily represent ofﬁcial Administration on Aging or HHS policy.

This document was completed in association with the National Adult Protective Services Resource Center (NAPSRC) for the National Center on Elder Abuse

situated at Keck School of Medicine of USC and is supported in part by a grant (No. 90AB0003-01-01) from the Administration on Aging (AOA), U.S.

Department of Health and Human Services (HHS). Grantees carrying out projects under government sponsorship are encouraged to express freely their ﬁndings

and conclusions. Therefore, points of view or opinions do not necessarily represent ofﬁcial Administration on Aging or HHS policy.