Understanding the Capabilities of Adult Protective Services in Handling Verbal Abuse Disputes

When it comes to safeguarding individuals with disabilities, particularly those who are victims of verbal abuse, the Adult Protective Services (APS) play a pivotal role. Their mandate is to protect people who are unable to make and carry out their decisions due to a disability. However, the involvement of APS is not always straightforward and can vary significantly based on the circumstances of the individual case.

APS Involvement Criteria

APS is typically activated when a person with a disability meets specific criteria, one of which is the inability to make and carry out decisions. This qualification is crucial as it establishes that the individual requires assistance and intervention. If the person with the disability is deemed capable of handling the issue on their own, APS will not become directly involved.

Dependence and Advocacy

When the individual with a disability is in any way dependent on the abuser—in scenarios where the abuser is a caregiver—APS can take additional steps. In such cases, APS may advocate for the issuance of an order of protection, thereby safeguarding the individual from further verbal abuse. However, APS does not have the authority to remove the individual from their own home unilaterally.

Limitations on APS Authority

While APS can take crucial steps such as advocating for protective measures and providing support to the individual, they have significant limitations when it comes to more drastic actions. Removing a person with a disability from their home is a measure that generally requires a court order for approval. Without a legally binding court decision, APS cannot take such actions on its own.

Case Examples

Let's consider a few scenarios to illustrate the different ways APS can be involved in protecting individuals with disabilities from verbal abuse:

Case 1: A person with a disability depends on their partner for daily care. The partner is verbally abusive, but the individual is capable of understanding the situation and making decisions. In this case, APS may not get involved directly unless the individual requests assistance. Case 2: A neighbor is verbally abusive toward a person with a disability who is not fully mentally competent. In this scenario, APS may advocate for an order of protection to ensure the safety of the individual and provide support in legal proceedings. Case 3: A caregiver is verbally abusing their dependent relative with a disability. If the individual is not fully capable of handling the situation independently, APS can step in to support the individual and advocate for protective measures, but removal from the home would require a court order.

Conclusion

Understanding the roles and limitations of Adult Protective Services is crucial when navigating disputes involving verbal abuse of people with disabilities. APS plays a vital role in supporting and advocating for those who are vulnerable and unable to protect themselves. However, due to their specific mandates and limitations, they often require legal intervention to achieve the best possible outcomes for the individuals they seek to protect.