Adult Protection

A vulnerable adult is any person, 18 years of age of older, who receives services from a licensed health care facility or home care or personal care assistance provider in Minnesota, or who requires assistance to provide for his or her own care. This person also is unable or unlikely to report maltreatment because of a physical or mental limitation.

A vulnerable adult is a victim of maltreatment when she or he is subjected to Abuse, – physical or sexual; Neglect – caregiver or self; and Financial Exploitation.

There are three basic types of maltreatment:

  1. Abuse-Physical, Emotional and Sexual,
  2. Neglect-Caregiver Neglect or Self Neglect and
  3. Financial Exploitation. Minnesota Statute, Chapter 626, Section 626.557 defines adults who are in need of protection and vulnerable to various forms of abuse or neglect.

An example of a specific services that might be obtained for the person is a Guardian/Conservator that is court appointed to act in the best interested of the vulnerable adult.


For Adult Maltreatment Reports Only: Effective 8:00 am on July 1st, 2015 - For reporting suspected maltreatment of a vulnerable adult call the State-Wide Common Entry Point at 844-880-1574. The number is toll-free for the general public and answered 24/7.

GUIDELINES FOR PRIORITIZING REPORTS FOR INVESTIGATION

ADULT PROTECTION/VULNERABLE ADULT SERVICES 

EMERGENCY/IMMINENT DANGER REFERRALS

Vulnerable Adult reports alleging the adult is in need of immediate services for protection. Imminent danger or risk of serious harm.

1. No food and without access or resources to obtain.

2. Dangerous level of exposure to extreme temperatures.

3. Dehydration or other need for immediate medical care without access or resources to obtain.

4. Dependent adult who suddenly is without a caregiver and inability to provide for one’s own care.

5. A report of physical abuse/sexual abuse with observable injuries.

6. Telephone screenings for immediate/emergency admit to a nursing facility.

7. Established need for emergency/special guardian/conservatorship.

Request for guardianship/conservatorship will be reviewed only if maltreatment is involved and there is no family willing to petition. Case Managers will petition on-behalf of their own clients if need arises. If the VA does not have an ongoing Wilkin County Case Manager and is currently receiving support services from a nursing facility, it is assumed that the guardianship/conservatorship process will be initiated by the nursing facility.

Adult Protection will not provide on-going protection services for self-neglecting clients who are already open for case management services. Case management is assumed to meet the client’s on-going protection needs.

Vulnerable adult-Vulnerable adult verbal or physical aggression does not constitute abuse unless the behavior causes serious harm.

If maltreatment is financial exploitation, investigation will occur when: 1-Loss of funds for someone low income/on public assistance is $100.00 or more; OR 2-Loss of funds for someone private pay/not on public assistance is $500.00 or more. Fiduciary financial exploitation: If the VA’s money or property has been restored, and does not result in harm, or if the AP is not paying bills when there is no duty to do so (POA) APS will not investigate. Non-Fiduciary financial exploitation: If the VA is using informed decision making to give away assets, property or money, APS will not investigate.

Adult Protection will not investigate if Vulnerable Adult is deceased at time of report and the following criteria are met:

a. No other potential victims

b. Death is not likely to be the result of maltreatment

c. Allegations are not financial exploitation

d. Allegation are self-neglect

Alleged maltreatment will not be addressed by APS based on informed choice. The adult is vulnerable and has awareness and understanding of the alleged maltreatment, their vulnerability, and their options to stop or reduce their risk and prevent reoccurrence of alleged maltreatment and appreciates the consequences of their choice on their health, safety, and dignity. The adult has made an informed choice consistent with their values to continue in the current circumstances, despite meeting vulnerability criteria and the threshold for a screening allegation. Local guidelines stipulate that APS engagement in assessment for service intervention will not impact or improve the adult’s health or safety.

APS lacks resources for assessment. Lack of resources includes situations such as: Agency has insufficient staff and/or insufficient service budget to conduct an assessment or service plan to meet the adult's needs; and Other reports have a higher level of need or priority, and limited resources are being used to serve those cases (e.g., financial loss not meeting the agency’s prioritization).

Duplicate reports will be screened out if an on-going investigation is open.