Elder abuse is a significant problem in New Jersey, including abuse in the form of elder abandonment. Unfortunately, the state has the 5th worst elder abuse protections in the country. But that doesn't mean that if you suspect an elderly person in your life or community has been abandoned, there isn't anything to be done. The Lento Law Firm Family Law Team has helped countless elder abandonment victims in New Jersey. Contact us today at 888-535-3686 or use our online form to discuss your options.
What is Elder Abandonment?
Elder abandonment in New Jersey is the willful desertion or forsaking of an elderly or disabled person (a person over the age of 60). Basically, elder abandonment happens when a caregiver fails to fulfill their responsibilities to the elderly person in their care. In the state, elder abuse and neglect are covered under the same law and sometimes used interchangeably, and there is overlap in the warning signs and symptoms.
Warning signs that elder abandonment is occurring include:
- Dehydration
- Malnutrition
- Lack of food in the home
- Poor personal hygiene
- Unhygienic or unsanitary living conditions
- Living conditions with no heat, water, electricity, or gas
- Hazardous living conditions
- Desertion of a person at a hospital, nursing facility, shopping center, or other public location
- Untreated health conditions
- Medication is untaken or has not been refilled
If you see an older adult in your family or community who appears lost, disoriented, or frightened, it's possible they are a victim of elder abandonment. Without access to proper food hygiene or medical care, their lives can be threatened even in as short a period as a few days. Take action immediately by contacting law enforcement and the Lento Law Firm on their behalf.
Why is Elder Abandonment Different from General Elder Abuse?
Elder abuse takes many forms: emotional, psychological, physical, financial, and sexual. However, elder abandonment is a little different and can, in some cases, be harder to identify. When a paid caregiver, such as an in-home aide, abandons an elderly person in their care, the situation is pretty straight forward.
But things get a bit trickier when a caregiver is an unpaid friend or family member. Unless someone is a court-appointed caregiver, the line of what is abandonment gets blurry. Moral obligations aside, no one is legally obligated to care for an elderly friend or family member. Demonstrating elder abandonment requires that the caregiver makes a commitment to take on a significant role in the elderly person's care.
Elder abandonment may also be combined with other types of elder abuse. For example, financial abuse is common in elder abandonment situations. A caregiver may gain access, whether legitimately or fraudulently, to the elderly person's finances while caring for the person. After gaining access to funds, the caregiver will abandon the elderly person, taking the victim's money with them.
Another type of elder abuse that is common to see with elder abandonment is emotional elder abuse. This occurs when a caregiver or other person willfully inflicts distress or suffering. Deserting an elderly person can certainly intentionally cause distress to the individual.
Why Does Elder Abandonment Happen?
As stated above, financial gain can motivate elder abandonment, but that isn't always the case. Caring for another person during their physical and cognitive decline is a physically and emotionally demanding job. It can be more taxing than anticipated, especially when a person isn't a trained professional caregiver but rather a friend or family member. Being a caregiver can be incredibly overwhelming and isolating. Sometimes, the responsibility becomes too much.
What to Do if You Suspect Elder Abandonment
If you suspect a loved one, friend, or community member is the subject of elder abuse, you should contact law enforcement immediately to ensure the person gets any necessary medical attention. You will also want to contact Adult Protective Services (APS), which has an office in every New Jersey county. Some people in New Jersey are legally required to report suspected elder abuse. These people are called mandatory reporters and include professionals like medical personnel, firefighters, and law enforcement.
APS will conduct an investigation into the elder abandonment allegations. The purpose of an APS investigation isn't potential criminal prosecution of the abuser. Rather, APS will use the investigation to determine what supports and services the elderly person needs and connect them to the appropriate resources.
You will also want to contact the Lento Law Firm. Our Family Law Team can explain the legal options available to protect the elderly person. Whether this is getting a restraining order or finding a court-appointed caregiver. Make sure to give any evidence you have collected to your Lento Law Firm attorney to ensure they can build the strongest case possible on behalf of the victim.
Restraining Orders and Elder Abandonment
You may be wondering what is the value added to filing a restraining order (RO) against someone who has already abandoned the elderly person in their care. That's a fair question, but there are actually plenty of reasons why RO is appropriate.
Prohibition from Contact
Just because a caregiver abandons the elderly person in their care doesn't mean they aren't coming back. In fact, it's common for caregivers who abandon the person in their care to feel extreme guilt and return. While they may feel guilt or remorse for abandoning the elderly person in their care, they are no longer a person to be trusted. Ensuring the former caregiver can no longer contact the elderly person prevents future abandonment and other forms of elder abuse they could inflict upon the victim.
Protecting Against Financial Exploitation
As discussed above, the overlap between elder abandonment and financial elder abuse is significant. Because it's common for caregivers to misuse funds or take financial advantage of a victim, it's important to make sure their access to finances is cut off immediately.
Helping Secure Alternative Care
The case of elder abandonment was likely recognized because the elderly person in question was harmed by not receiving proper care. A restraining order can make it easier for New Jersey authorities, including courts and APS, to intervene. Intervention can include connecting the elderly person with appropriate resources or choosing a court-appointed guardian.
Legal Consequences for Violating a Restraining Order
As mentioned above, if the former caregiver comes back, they aren't welcome. A restraining order ensures that legal action can be taken against an abuser if they contact the elderly person in any way. Consequences can include fines, penalties, and jail time.
How to Get a Restraining Order in New Jersey?
Getting a restraining order in New Jersey requires following a specific process. At the Lento Law Firm, we know that the process may be overwhelming for you or the elderly person you are assisting. Our Family Law Team is here to help you every step of the way, but here is a brief overview of the process.
You will begin by filing for a temporary restraining order (TRO) with your local family division of the Superior Court of New Jersey. Each county will have its own courthouse, and you will file in the county where the abuser lives or the elder abandonment occurred. The latter is often the easiest choice. When you file for a TRO, your Lento Law Firm attorney will tell the judge why an RO is appropriate and necessary to protect the victim. If the judge grants the TRO, it will generally be valid for 10 days or until a final restraining order (FRO) hearing can be held.
The next step is attending the FRO hearing. Your Lento Law Firm attorney and the abuser will each make their case before the judge. If the judge believes the abuser poses a threat to the elderly person, they will issue the FRO. If the judge doesn't issue an FRO, you can appeal the decision; your Lento Law Firm attorney will advise you on an appeal.
How the Lento Law Firm Family Law Team Can Help
Whether you are taking action on behalf of an elderly person or you yourself are the elderly person who has been abandoned, the road ahead can be difficult. Navigating the legal options and how to proceed with them can be emotional and confusing at best.
At the Lento Law Firm, we will do everything in our power to reduce the stress of this process on all involved. Our first priority is ensuring the safety of the victim through the legal process, and we will handle all court proceedings.
Retain a Lento Law Firm Elder Abandonment Attorney Today
No one deserves to be abandoned, especially an elderly person needing care and compassion. We know it can be difficult to be sure if elder abandonment or other types of elder abuse are occurring, but there is no shame in reporting, even if you aren't 100% sure. When an elderly person's safety and health are on the line, you can never be too safe.
At the Lento Law Firm, our Family Law Team will do everything we can to protect victims. To ensure the elderly person in your life is safe from abuse, call us today at 888-535-3686 or contact us online.
