As the population ages, concerns about elder abuse have grown significantly. In the past decade, New Jersey saw an alarming increase in reported cases of elder abuse, with a rise of 38 percent between 2015 and 2019. What's more, reported incidents of elder abuse across the country rose dramatically in 2020 and beyond, believed to be triggered by the isolation and stress of the COVID-19 pandemic.
If you or a loved one has experienced elder abuse, whether by a long-term care facility employee or family member, the Lento Law Firm's Family Law Team is here to help. Our skilled attorneys are well-versed in New Jersey's elder abuse laws and know the legal actions that can be taken to report suspected abuse or neglect.
We can also ensure that your loved one is protected from further harm with a restraining order and work to hold the perpetrators accountable. Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about how our experienced team can assist you.
The Essex County Board of Social Services
If you suspect an older resident of Essex County is being abused, neglected, or exploited, file a report of your observations with the Essex County Department of Citizen Services. This hosts one Adult Protective Services (APS) office operating in every county in New Jersey. APS is a program that responds to reports and intervenes when necessary to protect vulnerable adults as defined under the APS Act. APS provides a range of services, including:
- Investigating reports of abuse or neglect.
- Coordinating with law enforcement or healthcare providers when needed.
- Arranging for emergency shelter or medical care.
- Helping older persons access community resources and long-term support.
- Advocating for a senior's rights and safety.
After a report is filed, state regulations mandate that a trained APS social worker conduct a private, in-person meeting with the vulnerable individual within 72 hours. During this meeting, the investigating caseworker will assess the allegations of abuse and living conditions as well as determine the adult's capacity to make decisions independently. The APS investigator may also speak with others connected to the older person, including family members, caregivers, or agency staff, if applicable, to gather further insights into their living conditions and overall situation.
After reviewing the investigator's report, the APS Supervisor will discuss the case with a social worker to determine whether any form of abuse or exploitation has occurred. If so, APS workers aim to address the situation and halt the abuse in the least intrusive manner possible, prioritizing the older person's right to self-determination. In cases where the person's safety cannot be ensured, APS may need to seek a court order to implement protective measures.
How to Report Elder Abuse
If you wish to report suspected or known elder abuse occurring in Essex County, call either the Essex County Prosecutor's Office of Victim-Witness Advocacy or the Essex County Department of Citizen Services, Division of Senior Services. You can also call the New Jersey Department of Human Services Division of Aging Services. If a vulnerable senior is in imminent, life-threatening danger, call your local police department to share your observations and concerns.
You can also report or file a complaint of suspected abuse, neglect, and exploitation at:
- New Jersey's Office of the Long-Term Care Ombudsman. This program advocates for residents of long-term care facilities.
- New Jersey's Department of Health's Complaint Hotline helps elderly persons in any facility licensed by the Department of Health, including hospitals, hospice centers, and assisted living facilities.
- Disability Rights New Jersey, if the elderly individual is considered disabled.
Recognizing Elder Abuse
Elder abuse is any intentional or negligent act by a caregiver or trusted person that causes harm or a serious risk of harm to an older adult. Such abuse can take five forms, including:
- Physical Abuse. This refers to intentionally or recklessly inflicting physical pain or injury on an older person by hitting, slapping, or improperly restraining them.
- Emotional/Psychological Abuse. This occurs when a person causes emotional pain or distress through verbal assaults, threats, harassment, or isolation.
- Sexual Abuse. Any non-consensual sexual contact with an older adult.
- Neglect. This refers to when a trusted person fails to provide necessary care, including food, shelter, medical attention, or hygiene.
- Financial Abuse. Illegally or improperly using an elder's funds, property, or assets for personal benefit.
Family members, caregivers, or advocates for an older person must be able to recognize the signs of elder abuse. It may not always be obvious. Victims often try to hide their abuse because they're afraid of retaliation or feel ashamed. Sometimes, they're simply unable to communicate or explain what is happening.
Signs of physical abuse may include unexplained bruises, cuts, fractures, or burns, especially on areas of the body easily hidden by clothing. Unexplained weight loss, sudden shifts in behavior or mood, and changes in sleep patterns—such as excessive sleeping or insomnia—can also indicate abuse or neglect. Also, take note if they unusually withdraw from social interactions or isolate themselves, as these are common signs of maltreatment. Poor hygiene, malnutrition, bedsores, or unattended medical needs are red flags, particularly if the individual lives with a caregiver or in a nursing facility. Be wary if a caregiver repeatedly denies you access to the individual or claims they aren't available.
Don't ignore signs of financial exploitation as well. Unfortunately, elderly individuals are often targets of scams and manipulation by strangers, relatives, and acquaintances alike. If you notice unexplained large withdrawals, expensive or unusual purchases, or asset transfers, it may suggest financial abuse.
If you see any of the above signs of abuse, talk to the older person, if possible. If their answers raise red flags or seem unclear, report your suspicions and observations to the appropriate authorities. While there may be legitimate reasons for signs of abuse, it's better to be on the safe side and report your suspicions than be sorry later.
The Lento Law Firm's Family Law Team Can Help Protect Against Elder Abuse in Essex County
Elder abuse cases often involve complex legal and emotional issues that require the help of an experienced legal professional. The Family Law Team of Lento Law Firm can help you advocate for an older person's rights and protect them from further harm. For instance, we can help you file a restraining order with the Family Court Domestic Violence Unit in Newark. A restraining order can prohibit alleged abusers from having contact with or access to elderly individuals.
As experienced family lawyers, we understand the state laws, regulations, and procedures relevant to elder abuse cases. We have helped many families and elders get the protection and support they need. We want to help you, too. Contact us without delay at 888.535.3686 or reach out online.
