Fact situation - 92 year old woman walks everywhere in our community, probably logging up to 13 miles a day. She lives alone, and one night in the cold snap decided she REALLY wanted a "soda water". There are no convenience stores between her and the nearest Coke machine (about 2 miles), so she walks there. Unfortunately for all, she fell and could not get up. Several hours later, she was found and hospitalized. SHe has no injuries and has, at this point, recovered from the exposure. She is on no prescription medications, does get Meals on Wheels and a friend from church takes her to services. I have visted with at least half our local Police Department, all of whom know her and none of whom have ever seen her appear disoriented.

APS wants her removed to a nursing home and a guardianship. They do not want to accept anything less unless 24 hour medical care is available.

The ad litem (a friend from her church) and her 82 year old sister are willing to set things up for the sisters to share a three bedroom residence. APS is throwing a fit. Personally, I'm not convinced she needs a guardianship. Is there any reason I HAVE to do what they want?

Lisa, While I don't have a cite, I believe you still control the cases you elect to pursue and those you don't. There are sanctions for filing frivilous cases, as I remember, and all it would take would be a judge who thought this case should not have been filed to cause problems.
Additionally, what did the Doctor's report say about this proposed ward? Good luck!

We take the position that Protective Services is our client, so we try to advocate for them when their position is reasonable and defensible, even if perhaps it is not the best position from our own perspective. And heaven knows they have been too slow to intervene sometimes in the past, which has led to bad publicity and therefore an over-correction pendulum swing in some cases now. But advanced age alone is not a sufficient reason to seek intervention in a competent person's life (it used to be, years ago -- are you dealing with an old timer at APS who maybe remembers the 'old days'?). Ethically, can you even sign the pleading in good faith? I couldn't and wouldn't, not if the info you posted is all there is. Just one perspective,

A.D.

Thanks for the help. I really think that she will be fine with the solution the ad litem, her church and I have found. The APS worker is one who has long had a reputation for wanting to reach a "final" conclusion as soon as possible after being called in. Alternatives are not something he likes to consider as they take too much time.

Of course, it always helps his case to tell me that I'm the ONLY prosecutor who ever gives them trouble on these....!

We in Tarrant always reserve the right to decline. And we have done so, including one recently. You are not alone.

Whenever you are told that you are the only prosecutor who ever fails to do "X" you can be assured that you are receiving the big lie. Texas is an awfully big state for any generality to apply throughout the state.

Lisa, as in any other client-attorney relationship, you bail out if there is a conflict, .e., their wants vs. your professional judgment. In such cases, we withdraw and let the CPS attorneys handle it

Just a thought: I believe there are GPS based medic-alert contraptions which allow a person to send a call for help from just about anywhere and will transmit the whereabouts of the sender. The technology has advanced to the point that the unit is no larger than a cell phone. My heart goes out to someone who can get around like that at age 92. Let me tell you from experience with my grandmother that a "rest home" is no place for someone who has any other option.