An elderly person in New Jersey who relies on a caregiver is quite vulnerable. If their caregiver neglects their needs, they may not be able to remedy the situation on their own.
As an elderly person's loved one, it may be up to you to monitor for the signs of elder neglect. Our Family Law Team at the Lento Law Firm can help you protect your loved one if you believe neglect is occurring. Learn more about what we can do for you now by submitting your information via our online contact form or calling our offices at 888-535-3686.
What Constitutes Elder Neglect?
There is no official definition of elder neglect. No New Jersey state agency or federal government agency has established a universal definition that clearly differentiates elder neglect from elder abuse. That said, the National Center on Elder Abuse (NCEA) essentially considers elder neglect to be another form of abuse, which is fair, given the consequences that victims of neglect may experience.
Per the NCEA, neglect occurs when a caregiver or fiduciary has certain “obligations or duties of care to an older person,” and they refuse or fail to fulfill these obligations or duties.
This isn't a minor issue. The duties one may have to an older person can often play a significant role in that person's health and safety. Failing to live up to those duties can result in discomfort and even harm to a vulnerable elderly individual.
Potential Examples of Elder Neglect
The following examples may provide you with a clearer understanding of what elder neglect can look like in New Jersey. Just remember that this is by no means an exhaustive list of all the potential ways elder neglect can occur.
Common forms of elder neglect include:
- Not providing an elderly person with basic necessities they can't provide for themselves, like food, clothing, shelter, etc.
- Neglecting the medical needs of an elderly person, such as failing to consistently administer medication as needed
- Meeting the basic physical needs of an elderly person but failing to meet or even account for their social, mental, and/or emotional needs
- Negligently overlooking signs or symptoms of medical conditions that may require attention or treatment
It's not always clear whether the mistreatment an elderly person faces rises to the level of neglect or abuse. While speaking with a member of our Family Law Team at the Lento Law Firm, please feel free to ask more about these matters in greater detail. We'll gladly help you understand whether you have reason to take legal action.
How Serious of a Problem is Elder Neglect in New Jersey?
There's minimal hard data regarding the prevalence of elder neglect in New Jersey. This is partially because, according to the NCEA, for every one case of elder abuse or neglect that goes reported or is otherwise discovered, another 24 cases aren't reported or discovered.
Information such as this highlights the important role you can play as someone who's in the position to speak up on an elderly person's behalf when neglect is happening. Unfortunately, it's worth noting that an informal study indicates New Jersey's elderly protections are the fifth-worst in the country. This further affirms the importance of speaking up when you believe there's a problem.
Who Are ‘Mandated Reporters' for Elder Neglect in New Jersey?
In New Jersey, the law requires certain individuals who may provide services to elderly people to report their concerns to Adult Protective Services (APS) when they believe neglect or abuse is occurring or has occurred. Someone who qualifies as a mandated reporter could potentially face legal repercussions for failing to make a necessary report.
People who qualify as mandated reporters in New Jersey are:
- Doctors, nurses, and all other healthcare professionals
- Law enforcement officers
- Firefighters
- Paramedics
- Emergency medical technicians
Pay particular attention to the signs of elder neglect if you qualify as a mandated reporter. The law may require you to take action if you have good reason to believe an elderly person is a victim of such mistreatment.
The link above provides a QR code you can scan to get the contact information for APS in New Jersey. When reporting your concerns to APS, you should provide the following information.
- The alleged victim's name, address, age (or date of birth), and any other relevant identifying information
- A description of the alleged neglect
- Any identifying information you have about the party or parties who may be responsible for neglect
- Any additional information you have about dangers in the alleged victim's home environment
- Any other additional information about the situation that you may consider relevant
Reporting the matter to APS is one way to step in and help an elderly person who may be the victim of neglect. However, it's not the only step you can take to assist them in these circumstances. At the Lento Law Firm, attorneys with our Family Law Team can also discuss other options, such as filing a restraining order for elder neglect in New Jersey.
What Are Common Signs of Elder Neglect?
New Jersey APS provides information about the signs of elder neglect to help mandated reporters and others more accurately determine when neglect may be happening.
APS sorts the various signs of elder neglect into different categories. They are as follows:
- Physical neglect: Signs of physical neglect in elderly people can include any evidence that an elderly person isn't receiving medication as needed, missed health care appointments, poor grooming, poor hygiene, weight changes, and bedsores or pressure sores.
- Emotional neglect: A change in an elderly person's mental or emotional state, usually a negative one, is a common sign of emotional neglect in an elderly person. However, it's important to understand that an elderly person can be the victim of emotional neglect even if their own mood, behavior, or mental state doesn't seem to clearly reflect emotional distress. All people need to socialize and connect with others. If you have reason to believe an elderly person isn't being provided with these opportunities, neglect may be happening.
- Financial neglect: An elderly person may require someone else's assistance to help them manage their finances and pay their bills. Unpaid bills and any other financial woes could be signs that the person responsible for assisting an elderly person in this capacity isn't fulfilling their duties.
It's vital to keep in mind that there may be signs of elder abuse that the above points don't cover. At the Lento Law Firm Family Law Team, we strongly encourage you to take action if you notice any signs of neglect.
So does APS. As APS states, their professionals are trained to assess these situations. Once you make a report, someone from APS can look into the matter in greater detail to confirm whether your suspicions are founded.
What Are Risk Factors for Elder Neglect in New Jersey?
APS also provides information about risk factors for elder neglect. Understanding these risk factors could give you the chance to step in and address neglect before it becomes a more serious problem. If you're proactive, you may even prevent a vulnerable elderly person from being neglected altogether.
Risk factors for elder neglect to be aware of include:
- An elderly person's caregiver is too stressed or burdened to properly supervise them
- A caregiver does not have the resources or support they need to provide for an elderly person's needs
- An increase in a caregiver's responsibilities, particularly if this increase is relatively sudden
- A caregiver and a vulnerable adult being isolated from others
There are steps you can take to guard against these risk factors. For example, if you see a caregiver's needs are increasing, you may step in to ensure they have the support they need.
How Getting a Restraining Order in New Jersey Can Help When Elder Neglect is Occurring
One way our Lento Law Firm Family Law Team can help when you believe an elderly person is being neglected is by helping you obtain a restraining order (or RO).
You can start by filing for a Temporary Restraining Order (TRO). Unless the court doesn't grant your request, the terms of an RO are enforced for about 10 days until you can participate in a hearing on the matter. The individual against whom you're seeking a RO can also defend themselves at this hearing.
Thus, it's important to bring evidence when seeking a restraining order for elder abuse in New Jersey. Gathering such evidence is one way in which our Family Law Team at the Lento Law Firm can help you. If the judge grants a Final Restraining Order (FRO), its terms may limit a vulnerable elderly person's contact with or exposure to someone who has neglected their needs in the past.
Don't worry if you're not sure how to get a restraining order in New Jersey. We can help with this task. We can also answer your questions about the various protections a RO can offer.
Contact the Lento Law Firm for Help With a New Jersey Elder Neglect Case
Knowing what to do when you suspect an elderly person is the victim of abuse or neglect in New Jersey can be overwhelming. Right now, you want to be confident you're taking the right steps to protect a loved one.
We at the Lento Law Firm Family Law Team can help. From answering your questions during a case review to helping you obtain a restraining order, we'll provide legal assistance to help you during what could be an emotionally fraught time. Get started today by calling our offices at 888-535-3686 or submitting your information via our online contact form.
