Ok, so my mom started going downhill two or three years ago! APS got involved because the doctor WOULD NOT call me back and I had to make a medical decision on my own! They called Adult and Protective Services on me! APS didn't do anything to me and I told them she was hitting me with a metal cane and punching me on a regular basis! I'm disabled and they did NOTHING TO PROTECT ME! I called the APS worker and told her I would be moving out but I would give her plenty of advance notice so they could have time to arrange her care! She told me if my partner and I left, I would be arrested for elder abandonedment! I just got off the phone with a lawyer who informed me that there was no such law and they violated my rights and I could have left any time! Although his practice revolves around children who are abused by the system, he strongly advised me to get a lawyer who specializes in this! They basically held me against my will!! They lied and did some other shady stuff, too! They allowed her to continue to beat on me, but finally decided she was a threat to herself when she ate a fly! Have you also been lied to by the State and did you try to sue them?
Do what you need to do for you. You could have called the police and told them she was volatile and needed 72 yr eval. If found needing 24/7 care, you could have refused to do the care sighting your disability. At that point u could have had the State take over her care.
I am glad you sought out the advice of a lawyer. What with now moving out you have enough on your plate.
After you move from the premises contact APS to report your mother as an elder at immediate risk. Let them know if she is no longer competent. Let them know you will not be accepting POA or guardianship and that she will have to have guardianship of the state.
Do know that once the state is your Mom's guardian you will have exactly ZERO to say about her placement, her finances, her care.
Good luck with your move. Just leave the past behind and get on with your own life.
A CAUTION HERE: Keep careful diaries of every single action or interaction with names, dates, times, communications, whether by phone or email, and etc. You may need these in future.
Alva is right; I can't imagine any attorney wanting to spend time on a claim like this, especially (and I write this as kindly as I can) your attitude is very hostile. Attorneys don't care to work with people who are hostile, and can't discuss issues in a professional manner.
You would also have to provide documentation supporting your accusations. No attorney is going to stick out his or her neck and file a suit and take any action w/o documentation.
E.g., "they basically held me against my will!!" How did this occur? What actions were taken to "hold you"? Were you served with any kind of court order? Who specifically said what, and on what date?
Basically, how can you prove what you claim? What is your supporting documentation? Words aren't sufficient. And "who" in "the State"? Lack of specifics will not persuade any attorney to represent you. Accusations must be specific, and validated - names, dates, times, letters, and more.
I tried my absolute best to take good care of her and I'm sorry if I sounded hostile! I know I did a good job and in return I feel like the fly she ate was worth more than I am! I thought people here would understand and be supportive! For those of you who were, thank you SO much! For those who thought I was harsh/hostile, please forgive me!
I've read on this forum that hospital social workers lie all the time to get families to take their very sick loved ones back home to take care of them. So, it's not too far of a stretch for the state social workers to lie to you to make you take your mom back and take care of her.
So sorry you had to go through this.