As the American population ages, elder abuse has become an increasing concern. A variety of factors can influence and cause elder abuse, but the end result is the same: Older adults who are abused or neglected.
Financial pressure, social isolation, and health issues can all increase the risk of elder abuse. Older adults may be unable to speak up or think that they have to be quiet and avoid being a “problem.”
Abuse and neglect don't have an age limit. At no point should someone have to “accept” being abused or neglected.
If you suspect an older person in Middlesex County or elsewhere in New Jersey is being abused or neglected, you need to take action. If you're an older person who is being subject to abuse or neglect, you don't have to accept this. You deserve to live a life where you are safe and cared for.
The Lento Law Firm's Family Law Team assists families and older individuals throughout New Jersey. We understand New Jersey's laws relating to elder abuse and how to protect people from continuing abuse and neglect. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.
What is Elder Abuse?
Elder abuse, also known as older person abuse, involves either intentional actions or failure to act that either cause or create a risk of harm to an adult who is aged 60 or older. Caregivers or other trusted individuals are generally the perpetrators of the abuse.
- Physical abuse, such as kicking or hitting
- Sexual abuse, which is any forced or unwanted sexual interaction
- Emotional or psychological abuse inflicts anguish, fear, or distress
- Financial abuse involves any illegal, unauthorized, or improper use of an older person's money or other assets
- Neglect, which occurs when an older adult's basic needs aren't met
Individuals may abuse elders through a variety of means, including preventing them from receiving medical care, withholding medication as punishment, or threatening them.
The New Jersey Courts have categories of elder abuse. Housing issues and guardianship can affect an older adult's ability and willingness to report abuse or neglect.
New Jersey also recognizes self-neglect, which occurs when an older adult is unable to care for themselves. In the case of self-neglect, reporting an older adult to Middlesex County can help them get the support and services they need.
An Underestimated Problem
Not all cases of elder abuse are reported. Older adults may not have the independence or means to get away from an abusive situation. They may lack the mental capacity to report abuse. They may remain quiet out of fear of being forced out of their home.
What we do know about elder abuse indicates it's a serious problem. Approximately 10 percent of older adults who live at home will experience abuse, neglect, or exploitation. In one fourteen-year period, emergency rooms treated over 640,000 older adults for nonfatal assaults, and more than 19,000 older adults were homicide victims.
Other statistics indicate more than half a million older adults are abused or neglected annually. Financial limitations, social isolation, and caregiver burnout can all play a role in abuse.
The Lento Law Firm's Family Law Team works closely with individuals who are concerned that a family member or other older adult is experiencing abuse or neglect. If you suspect abuse or neglect, contact us. We can help you understand your options to protect loved ones and others who are being subjected to abuse and neglect.
Adult Protective Services in Middlesex County
New Jersey's Department of Human Services oversees the state's Division of Aging Services. Among its responsibilities are Adult Protective Services (APS).
The Middlesex County APS office is in Long Branch. For emergencies or after hours, individuals should contact local law enforcement or 9-1-1.
Individuals should make reports to these offices when they suspect elder abuse or neglect. Within 72 business hours of receiving a report, a trained APS social worker will meet face-to-face with the elderly individual. These meetings are conducted in private, and they should include an informal assessment of the adult's decision-making ability.
Other adults may be interviewed as part of the investigation. All information gathered from an investigation is confidential. The APS social worker will complete a report, and an APS supervisor will determine if an older abuse is being abused, neglected, or exploited.
If an investigation establishes that abuse, neglect, or exploitation occurred, the next step is to resolve the issue in the least intrusive way while ensuring the older adult is safe. All decisions should respect a person's right to self-determination.
When to Report Suspected Elder Abuse in Middlesex County
New Jersey recommends that individuals may want to report suspected abuse or neglect when they notice:
- Unexplained physical signs, such as bruises, bed sores, or sexually transmitted diseases
- Poor hygiene or nutrition and unsafe or unclean living conditions, especially if the adult has a guardian or other caretaker
- Missing medical aids such as glasses, dentures, hearing aids, or a walker
- Changes in behavior or sleep or an uptick in emotions such as fear, anxiety, or sadness
- Isolation or withdrawal from normal activities
- Unexplained changes to bank accounts, wills trust, or other financial documents
- Unpaid bills or fraudulent signatures on financial documents
Abuse or neglect doesn't always leave physical signs. Emotional abuse can be especially difficult to document directly.
If you suspect an older adult is in immediate danger, you should contact police or 9-1-1. In Middlesex County, you can contact APS about concerns.
The county's Office of Aging & Disabled Services provides support for Middlesex's older population. These services are different than APS, although the Prosecutor's Office Special Needs Registry can be beneficial.
The registry allows individuals to inform law enforcement and first responders about a registrant's special needs. First responders can use this information during emergencies and other encounters to better assist individuals who require assistance different from the general population.
Other Reporting Avenues
If an older adult is living in facilities licensed by the Department of Health, complaints can be filed with the Department of Health's Complaint Hotline. These facilities include hospitals, hospice centers, and assisted living facilities.
Another avenue for reporting suspected abuse or neglect in nursing homes or other facilities is the Long-Term Care Ombudsman. Individuals can file complaints with the office, and the office will investigate.
If an older adult also has recognized disabilities, reports about suspected abuse and neglect can be made to Disability Rights New Jersey. The organization has different reporting requirements depending on the situation.
What if APS Doesn't Do Anything
APS investigations are confidential. People who report suspected abuse or neglect may not be told of the outcome of the investigation.
Ideally, an investigation will make the right finding. Unfortunately, that's not always the case, and an older adult may still be in a vulnerable or unsafe place.
The National Center on Elder Abuse suggests taking one of the following steps if APS doesn't step in:
- Ask APS why they didn't intervene
- Keep in mind they are limited in what they can say because of confidentiality laws
- Protecting an older adult's privacy is important
- Ask for referrals or information on other resources to help the older adult
- Contact the older adult's doctor or other medical provider and talk to them about your concerns
- Keep in mind that medical staff have to follow HIPPA and other medical privacy requirements
- Contact trusted friends or family to let them know about your concerns
- This step can be easily important if family or friends live outside the area and don't see them regularly
- Contact other government agencies to see if they can help
The Lento Law Firm's Family Law Team can help with these steps and finding ways to end elder abuse or neglect. We can help you gather evidence and other information to protect an older adult and keep them safe.
Restraining Orders
Some older adults are best protected from additional abuse or neglect by filing for a restraining order. In Middlesex County, individuals can file for a restraining order at the Middlesex County Family Courthouse in New Brunswick.
New Jersey has temporary and final restraining orders. In limited circumstances, the state will grant an emergency restraining order when there's an immediate threat to an individual's safety. The goal of restraining orders is to protect an individual's safety, remove them from unsafe situations, and prevent future abuse or neglect.
Either a family member or the older adult can request a restraining order. New Jersey generally requires the individual who has a domestic relationship with their alleged abuser to file for a restraining order. The state makes an exception for adults who, due to health or mental issues, are incapable of providing consent.
If a family member isn't available to request a restraining order, the police may have to request a restraining order. Situations when a family member is the one abusing or neglecting an older adult can be especially challenging to navigate.
The Lento Law Firm's Family Law Team can help individuals determine when and how to file for a restraining order. In situations involving elder abuse, we can help both the victim and those concerned about them follow the proper steps to protect them.
No One is Too Old to Live a Life Free of Fear
Abuse and neglect don't have age limits. More than that, there's never a justification or reason to abuse or neglect anyone. “But the victim is old” is never a defense against abuse or neglect.
The Lento Law Firm's Family Law Team helps individuals in Middlesex County and throughout New Jersey protect their rights and their lives. 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, we can help.
Everyone deserves to live a life free of fear, free of harassment, and free of abuse. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation.
