Financial exploitation of vulnerable adults is alarmingly common. Understanding your rights under the Adult Protective Services (APS) Act empowers you—and staying informed is your first line of defense.
This guide explains your rights related to:
- Confidentiality
- Consent and refusal of services
- Financial support and representation
- Protection from exploitation
We’ll also cover how APS works, what to expect from their process, and how to protect your financial independence.
Understanding APS and Its Financial Mandate
APS serves older adults and vulnerable individuals who may be at risk of abuse, neglect, or exploitation. Their responsibilities include:
- Investigating financial exploitation and abuse
- Offering protective services and financial support options
- Connecting clients with trusted community resources
APS operates under state-level laws, but their mission is consistent across the U.S.
Your Rights as an APS Client
Right to Be Informed
APS must notify you of your rights at the start of any investigation. This includes your right to refuse services, be informed of the purpose of their visit, and ask questions.
Right to Confidentiality
Your personal and financial information is protected under strict confidentiality laws. Disclosure requires:
- Your written consent
- A valid court order
Right to Consent or Refuse Services
You can refuse APS assistance unless:
- A licensed professional deems you incapable of making decisions
- A judge authorizes intervention due to imminent risk or exploitation
APS Financial Assistance and Safeguards
Money Management Support
APS may:
- Help organize your bills or benefits
- Connect you with a financial advisor or legal aid
- Serve as your representative payee to manage public benefits (like Social Security)
Least Restrictive Alternatives
APS prioritizes options that support your independence. More restrictive interventions (like guardianship) are only pursued when absolutely necessary.
Reporting Framework & Protections for Others
Anyone can report suspected financial abuse. Common reporters include:
- Bank staff
- Social workers
- Concerned family or neighbors
Good faith reporters are protected by state laws from civil or criminal liability.
Some states allow banks to pause suspicious transactions and notify APS.
What Happens After a Report
The Investigation Process
- APS interviews you (if possible)
- Collects documents and evidence
- Evaluates capacity if needed
Legal Interventions
APS may:
- Recommend power of attorney arrangements
- Petition for temporary guardianship
- Secure restraining orders to protect assets
You will be involved as much as possible unless declared unable to participate.
Tips for Protecting Your Financial Rights
- Ask for a copy of your rights from APS during intake.
- Document all communication with caseworkers.
- Consult legal aid before signing any financial agreement.
- Set up account alerts with your bank.
- Involve a trusted advocate if you’re unsure about APS recommendations.
Summary
Your rights under APS include:
- Being fully informed
- Having control over your financial decisions
- Receiving confidential support
- Access to legal and financial safeguards
APS must act in your best interest while respecting your autonomy.
FAQ: Your Financial Rights Under APS
- What if I refuse APS services?
You have the right to refuse, unless a court determines you’re at serious risk and unable to decide for yourself.
- Will APS share my financial information?
No. It remains confidential unless you give permission or a court orders disclosure.
- Can APS help manage my money?
Yes. They can provide informal help or act as your representative payee.
- What if someone tries to exploit me financially?
APS must investigate and may involve law enforcement or courts to protect your assets.
- Can reporting abuse get me in trouble?
No. Reporters acting in good faith are legally protected.
Sources:
- USC Elder Mistreatment APS Fact Sheet
- California APS Program
- New York State OCFS APS
- Illinois Department on Aging
- Virginia APS Law
For more help, contact your local APS office or visit the National Adult Protective Services Association.