{"id":355733,"date":"2022-01-05T12:20:52","date_gmt":"2022-01-05T17:20:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/elder-abuse\/can-i-sue-adult-protective-services-aps.html"},"modified":"2026-06-29T12:46:00","modified_gmt":"2026-06-29T17:46:00","slug":"can-i-sue-adult-protective-services-aps","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-abuse\/can-i-sue-adult-protective-services-aps.html","title":{"rendered":"Can I Sue Adult Protective Services (APS)?"},"content":{"rendered":"\n
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Can I Sue Adult Protective Services (APS)?<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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You can sue APS in very limited situations, but sovereign immunity makes winning a claim extremely difficult. Most states strictly limit when and how APS can be sued, and you\u2019ll face notice requirements, damage caps, and procedural hurdles. In many cases, your more realistic option is pursuing claims against the person who knowingly filed a false report, such as defamation or intentional infliction of emotional distress.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n\n\n\n

The legal doctrine of sovereign immunity affects your options. It generally bars claims against APS agencies in federal court. It also severely restricts any claims you might be able to bring in certain state courts.<\/p>\n

Even if your state has waived sovereign immunity and permits such claims, a lawsuit against Adult Protective Services is a lot to take on.\u00a0You would also have time and damage limitations.<\/p>\n

Maybe your problem isn’t really with APS, however. Maybe it’s with someone who filed a false elder abuse report against you. Assuming they acted in bad faith, you may be able to sue them in state court for defamation or intentional infliction of emotional distress<\/a>.<\/p>\n

If you have a serious problem involving APS or the abuse of a vulnerable adult, get legal advice. An elder abuse attorney<\/a> can help you protect your loved one. Or, if you are a caregiver, you may want to discuss the situation with an\u00a0estate planning attorney<\/a>.<\/p>\n

The Role of APS<\/h2>\n

Adult Protective Services<\/a> is a human services agency that aims to protect the well-being of older adults vulnerable to abuse, neglect, and other forms of mistreatment. APS is the principal public agency responsible for investigating and reporting cases of elder abuse against elderly persons. APS also aims to protect adults of any age with disabilities or mental health issues that make them vulnerable to abuse.<\/p>\n

Adult Protective Services not only investigates reports of abuse but also helps facilitate necessary health care and medical care for adult victims of abuse. It can also obtain court orders and provide support to both you and your loved one.<\/p>\n

Adult Abuse Cases Are Pervasive<\/h2>\n

Abuse can be inflicted by any number of people, including:<\/p>\n