If the APS social worker confirms that a dependent adult or elderly person is not safe in their home, can they remove him or her and place the person in a safer environment?

APS can only remove a person from an unsafe home on a voluntary basis. If the person is mentally competent and understands the risk of remaining in the unsafe home, APS has no jurisdiction. If the client is thought to be mentally incompetent APS must go through legal steps through the court to seek a conservatorship of the person in order to determine the place the client will live. If the client appears to be “gravely disabled” as defined in the Welfare and Institutions Code, Section 5000, et seq., a mental health worker can be called to evaluate and determine if the client can be removed from the home and detained for psychiatric observation.