Q: Can I skip the step of reporting observed abuse and file a complaint directly with the Probate Court?
My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue despite my father's protests. What legal action can I take, if any?
A: I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and recommendation. I will be fairly hard to be appointed guardian otherwise.
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