One of the most heartbreaking situations for any family member is when an elderly loved one begins to neglect their own needs. Watching a parent or grandparent gradually stop doing the basic things that people need to do in order to live properly – eat, clean themselves, maintain their household, get around on their own – can be extremely difficult. And because this elder self-neglect often tends to happen over time, it can be hard to determine exactly when to intervene.
The Lento Law Firm's Family Law Team understands how difficult it can be for family members to know when to intervene and what steps to take on behalf of an elderly individual who is losing the ability to properly care for themselves. We can help you evaluate your elder's situation, and take concrete steps to improve their lives and help them avoid harming themselves. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys to discuss your situation and learn more about what can be done.
What is Elder Self Neglect?
New Jersey law doesn't define exactly what the term “elder self neglect” means. That said, New Jersey's Division of Aging Services does. It maintains an Adult Protective Services office for each of New Jersey's 21 counties (with Middlesex and Monmouth sharing an office in Long Branch). APS's job is to investigate “reports of maltreatment and self-neglect” for “vulnerable adults” in general – which of course can include elderly individuals.
APS has criteria that it uses to determine whether an adult may need protective services. In particular, APS will evaluate:
- Whether the adult is unable to “make, communicate, or carry out decisions concerning his or her well-being” as the result of a physical or mental illness, or because of a disability or a deficiency
- Whether the adult is being abused, neglected, or exploited
The adults that APS evaluates must be living in a “community setting” – meaning that they are living in a private home or someplace that is not “licensed or regulated” by the state of New Jersey. In other words, APS will not get involved if the elderly individual is in a nursing home or other licensed care setting.
Somerset County's APS webpage gives examples of the people that the office serves. Among others, they include:
- Those “unwilling or unable to obtain necessary medical care”
- Individuals who forget to pay bills “because of confusion or impairment”
- People who are “mentally impaired” and “unable to maintain his or her housing”
- Elderly people “in crisis”
Any one or more of these descriptions could apply to a situation where an elderly individual is neglecting themselves.
Who Can File a Report with APS?
Anybody can make a report to APS about an elderly person who has self-care or self-neglect issues. APS encourages people who have firsthand knowledge about the situation to make the report. In addition, there are certain types of workers who are considered “mandatory reporters” under New Jersey law, and who have a legal obligation to report “suspected abuse, neglect, or exploitation of vulnerable adults.” These include health care workers, law enforcement personnel, first responders, and EMTs.
APS reports should be made to the APS office located in the county where the elderly individual lives.
What Will APS Do After a Report is Filed?
Within 72 business hours of receiving a report, a trained social worker from the APS office should hold a meeting with the adult who is named in the report. The adult will be interviewed in private. The purpose of the interview is to attempt to determine the adult's ability to make decisions. The social worker may also interview others who know about the adult's situation.
When the social worker completes the investigation, they will prepare a report to their APS Supervisor. The report will be used to determine whether the adult is being abused – including whether the “abuse” is the result of the adult not being able to care for themselves properly.
What Will APS Do if Help is Needed?
APS can't force an elderly individual to accept specific forms of help without a court order. It can only make recommendations. APS specifically states that it “cannot force services on adults with capacity who decline assistance.”
What to Do if an Elderly Adult Refuses APS's Suggestions
Sometimes it is necessary to take the difficult step of securing a court order to protect an elderly person who is not able to care properly for themselves. This generally requires the court to appoint a guardian for the vulnerable adult.
The procedure for getting a guardianship order is not the same as the one used to secure a restraining order when an elderly individual is being abused by someone else. That's because the guardianship is much more involved, and essentially has the appointed guardian becoming responsible for a wide range of day-to-day decisions that the elderly person is no longer competent to make. This is different from a situation where there is someone who is harming or exploiting the elderly individual, and the court issues a restraining order directing that person to stay away from the elderly person and to stop harming or exploiting them.
A guardianship order is one that appoints a specific person who is then responsible for making the kinds of decisions that the elderly individual is no longer competent to make. There are three main types of guardianship orders in New Jersey.
- Guardianship of the person. The guardian is responsible for the well-being of the person named in the order.
- Guardianship of the estate. The guardian manages the individual's financial affairs.
- Guardianship of the person and the estate. The guardian is responsible for both the elderly person's well-being and for their finances
A guardian can be appointed as a general guardian or as a limited guardian. A general guardian has the power to “exercise all rights and powers” on behalf of the elderly person. A limited guardian's power is not as broad, and can allow for the elderly person to continue to make the types of decisions that the person is still capable of making.
There is a detailed process that must be followed to secure a guardianship order for a vulnerable elderly person who is engaging in self-neglect. In particular, the elderly individual must be examined by at least one doctor or psychologist who can then certify the individual's condition to the court and, depending on the situation, there must be some other support for the requested guardianship from another person such as a physician or psychologist or a licensed health care professional who knows the elderly person and their capabilities.
Other documents must also be filed, including a list of all of the elderly individual's assets; a certification of the background of the person who is asking to be appointed as guardian; a case information statement; and a detailed complaint form that explains why the guardianship is needed for the elderly individual.
Once all of the papers are filed, the court will appoint an attorney to represent the elderly individual. That attorney will be responsible for protecting the elderly person's rights during the guardianship process. A hearing will follow, where the person requesting the guardianship order will present the case for why a guardianship is needed in this case. The attorney representing the elderly individual will be able to oppose the guardianship if they believe that the person is capable of caring for themselves and does not require a guardian.
If the court decides to appoint someone as guardian for an elderly individual, the guardian will need to register with the county surrogate's office, and may need to undergo background screening and post a surety bond designed to protect the elderly person's assets. In most cases, the guardian will need to file periodic reports with the court; any reporting requirements will be described in the guardianship order. The reporting requirements will vary depending on the scope of the guardianship – a guardian of a person's assets will have different and in some way more detailed reporting requirements than one who is only responsible for the person's well-being.
Guardianship Concerns
Appointing a guardian for an elderly individual who is unable to properly care for themselves is a serious step. There are naturally concerns about guardians abusing their role, and engaging in financial exploitation, elder abuse, or elder neglect. That's why it is possible for friends and family of the person who is under the guardianship to intervene by filing a motion with the court to review the guardianship or to modify either the scope of the guardianship or the reporting requirements.
The Lento Law Firm Can Help in Elder Self Neglect Situations
It can be extraordinarily difficult to get help for an elderly person who has been independent for their entire lives but is now losing the ability to care for themselves. In some cases the person's abilities diminish very quickly, after a medical episode, but in others the deterioration is slow but steady. It can be difficult to determine when and how it's appropriate to intervene. It's not unusual for the elderly person to resist efforts to take responsibility for their day-to-day care out of their hands, and to put into the hands of a family member or trusted third party.
The experienced attorneys at the Lento Law Firm's Family Law Team understand how hard it can be for family members to take effective steps to protect and care for an elderly family member who is no longer able to properly care for themselves. We can help you review the options you have to get your relative the care they need, and are ready to do what it takes to help. Whether it's help finding services for the elderly person, or assistance with securing a formal guardianship order, our experienced attorneys are here for you and ready to assist.
If you have concerns about the well-being of an elderly relative or friend, contact the Lento Law Firm's Family Law Team today. We can be reached at 888.535.3686 or by using our contact form to schedule a confidential consultation. We are here to listen and to help!
