In recent years, reports of elder abuse have skyrocketed across the country. Driven in part by the isolation and stress imposed on many elderly individuals and their caregivers by the COVID-19 pandemic, the increases in abuse and neglect reports highlight the need to take action when you suspect or know that an elderly person is being abused. If you are caring for an elderly person in Bergen County and suspect they are being abused or neglected by anyone, or if you are an elderly individual who is being abused or neglected, you need to take action to put a stop to the abuse.
The Lento Law Firm's Family Law Team is here to help. Our experienced attorneys understand New Jersey's laws relating to elder abuse and the various steps that can be taken to report suspected or known abuse or neglect. We can also help request a restraining order that will prevent abusers from having contact with the elderly person protected by the order. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how the Lento Law Firm can help.
The Bergen County Board of Social Services
If you suspect an elderly resident of Bergen County is being abused, neglected, or exploited, you can make a report with the Bergen County Board of Social Services. It is one of the many Adult Protective Services (APS) offices located across the state of New Jersey. Once a report has been filed, New Jersey requires a trained APS social worker to meet face-to-face with the elderly individual in private. The APS investigator will evaluate the elderly person's ability to make decisions for themselves during this interview. The investigator may also interview others who are in contact with the elderly individual, including family, caregivers, and employees of agencies who may have information about the elderly person's living situation.
Based on the APS investigator's report, the APS Supervisor will review the matter with a social worker to determine whether the individual has been abused, neglected, or exploited. At that point, if abuse, neglect, or exploitation has been established, the APS workers will attempt to resolve the matter in the least intrusive way, while respecting the elderly individual's right to self-determination. Many solutions can be implemented voluntarily. In some cases, however, it may be necessary to seek a court order to implement a solution involuntarily when it's necessary to protect the safety of the abused individual.
Elder Abuse Reporting
Reports of elder abuse – suspected or based on direct knowledge – can be made both to the Bergen County Board of Social Services by phone, and to the New Jersey Department of Human Services Division of Aging Services. Alternatively, if someone is in immediate danger, you can also contact your local police department to report the abuse, neglect, or exploitation.
Note that abuse does not need to be physical to be reportable. Many elderly individuals are the target of financial scams by unknown third parties or sometimes by relatives or acquaintances. If you are aware that an elderly person you know is suddenly making large withdrawals from their savings or brokerage accounts or are transferring assets to family, friends, or others, this could be a sign that the person is being taken advantage of. While there may be a legitimate explanation for the transactions, the elderly have increasingly become targets for financial abuse schemes. If an elderly individual you know begins making large transfers or purchases, it doesn't hurt to start asking questions and, where the answers don't make sense, to report the suspected exploitation.
Physical abuse and neglect also often leave signs. Bruises, injuries, and weight loss can all be signs of abuse or neglect. If the elderly individual suddenly becomes difficult to reach – they don't answer their phone or respond to text messages or emails, or if when you try to visit them, their caregiver claims they are not available – this can also be a sign that they may be being abused. Here, too, there may be explanations for these changes that don't involve abuse. But if there is abuse taking place, it won't be stopped if it's not reported.
There are other ways to report suspected abuse, depending on the living situation of the elderly person who may be suffering from abuse, neglect, or exploitation. New Jersey has an Office of the Long-Term Care Ombudsman (NJLTCO), which is an advocate for residents of long-term care facilities. The NJLTCO will investigate reports of “abuse, neglect, exploitation, crime and serious bodily injury” to persons living in nursing homes and other long-term care homes.
In addition, if the elderly person is in a hospital, hospice center, assisted living facility, or any other facility that is licensed by the Department of Health, abuse, and other care complaints can be filed with the Department of Health's Complaint Hotline. If the elderly individual is considered disabled, abuse or neglect reports can be made to Disability Rights New Jersey.
Restraining Orders
In some cases, it may make sense to request a restraining order from the Family Division of the Bergen County Superior Court in Hackensack. A restraining order can prohibit one or more individuals from having contact with the elderly person and can be issued on an emergency basis where necessary. At some point, the court will conduct a hearing where the person to be restrained by the order can argue against the restrictions placed on their contact with the elderly individual. A violation of a restraining order is a crime and can result in the violator being jailed.
Restraining orders can be requested by a caregiver of an elderly individual; but if there is not a family relationship between the person requesting the restraining order and the elderly person, the police may have to request the restraining order. The best way to make sure that a restraining order will be granted and will be effective is to work with one of the experienced attorneys from the Lento Law Firm's Family Law Team. We understand what's required to secure a restraining order in New Jersey, and will move quickly to help you protect the elderly person you care for or, if you're an elderly person seeking help, to protect yourself from abuse.
The Lento Law Firm's Family Law Team Can Help Protect Against Elder Abuse in Bergen County
If you suspect or know that an elderly person is being abused, or if you are an elderly individual who is being abused, neglected, or exploited and you want help in bringing the abuse to an end, the Lento Law Firm's Family Law Team can help. In addition to directing you to New Jersey government resources that can get you the help you need, we can prepare and file for a restraining order that will prevent the person who is abusing you from having contact with you. We understand New Jersey's laws, regulations, and procedures that apply in elder abuse cases, and we're ready to use our experience to help you protect yourself or an elderly person that you care for.
Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation. The sooner you do, the sooner we will be able to help!