Elder abuse is a widespread public health issue. Every year in the United States, up to 5 million older Americans suffer abuse, according to the National Council on Aging. Studies show that the COVID-19 pandemic led to an increase in the number of reported cases of elder abuse, and with the continued growth of the older population, it is anticipated that cases of elder abuse will also continue to rise.
If you suspect that you, a friend, a family member, or a loved one is the victim of elder abuse, do not wait to take action to safeguard their safety. The experienced Lento Law Firm Family Law Team is dedicated to protecting older individuals from elder abuse and fights tirelessly for victims of elder abuse to protect their rights, obtain a restraining order (RO), and ensure their safety and well-being. Call the Lento Law Firm today at 888-535-3686 or tell us about your case and learn more about how we can help.
All fifty states have Elder Abuse Prevention Laws in place, and the specifics regarding what constitutes elder abuse, as well as the reporting and investigative processes involved, vary from one state to the next. In 1993, New Jersey passed the Adult Protective Services Act. This Act was designed to protect the safety and overall well-being of elderly people living in various forms of a community setting who are vulnerable to mistreatment, neglect, abuse, and exploitation. Each county in New Jersey has its own Adult Protective Services programs in place, which are designed to receive reports of suspected elder abuse and conduct an investigation into any reports of neglect, abuse, and exploitation of vulnerable adults.
Understanding Elder Abuse
The New Jersey Division of Aging Services, part of the New Jersey Department of Human Services, defines elder abuse as any knowing, intentional, or negligent act by a caregiver or any person that causes harm or serious risk of harm to a vulnerable adult. Vulnerable adults are considered persons who reside in a community setting and are subject to abuse, neglect, or exploitation and, because of physical or mental illnesses or disabilities, lack the sufficient understanding or capacity to make, communicate, or carry out decisions concerning their well-being. Elder abuse is a willful act, which differs from neglect, which is an act or a failure to act that results in inadequate care and can result in serious injury or even death. Elder abuse can take many different forms, and perpetrators of elder abuse may include family members, caregivers, legal guardians, or strangers.
Physical Elder Abuse
Physical elder abuse is an intentional behavior that causes physical bodily harm to an older adult. This includes inflicting pain or impairment through actions such as kicking, beating, punching, pushing, slapping, burning, hitting, and shaking. Physical abuse can be conducted through force, such as restraints, or over-medicating or under-medicating an older adult.
Neglect
Neglect is a failure to tend to an individual's hygienic, medical, dietary, and nutritional needs.
Examples of neglect include failing to dispense the elderly person's medications, failing to properly change their bandages, or not arranging medical appointments. Improper or infrequent bathing, failing to provide basic grooming and dressing, and not providing sufficient food to maintain good health are all forms of neglect.
Sexual Elder Abuse
Sexual abuse against the elderly includes any non-consensual sexual contact of any kind with an elderly person. Some elders, because of dementia, mental illness, or other medical issues, cannot communicate their disapproval or lack of consent for the unwanted behavior.
Emotional Abuse
Emotional or psychological abuse is the act of intentionally inflicting mental pain, anguish, and distress on an older adult. This abuse may take the form of verbal or nonverbal acts. Examples of emotional abuse include intimidation, verbal harassment, making degrading statements, using humiliating language, isolation, making threats, blaming the victim, and not tending to the overall well-being of the older individual.
Financial Exploitation or Neglect
Financial exploitation or neglect is exhibited when an elderly person's financial obligations are not met. This includes failing to pay rent or make mortgage payments, not paying utility bills or property taxes, and failing to pay insurance premiums or bills for other essential services. Financial exploitation can also include forgery, theft, fraud, and coercion or deception with regard to designating someone as a power of attorney or legal guardian.
Legal Recourse for Elder Abuse in New Jersey
If a loved one is a victim of elder abuse in New Jersey, you have several legal options to protect the vulnerable older adult from harm. The New Jersey Adult Protective Services Act (APSA) mandates that every county in the state provide Adult Protective Services (APS) to investigate reports of neglect, abuse, or exploitation of vulnerable adults living in the community. In addition, APS has the legal authority to intervene when there is a crisis situation, provide protective services, and, when necessary, pursue court orders to protect vulnerable individuals.
Domestic Violence Protections and Elder Abuse
The Prevention of Domestic Violence Act of 1991 is designed to protect and provide relief for victims of domestic violence. In 2024, the State Senate and General Assembly of New Jersey amended this legislation to cover elder abuse in domestic settings. In New Jersey, victims of elder abuse can obtain a restraining order (RO) to protect themselves and ensure their safety and well-being.
Restraining Orders (RO) Can Protect Victims of Elder Abuse
In New Jersey, restraining orders (RO) can protect victims of elder abuse. These court-issued orders are designed to protect individuals from additional harm or harassment by an abuser by prohibiting the abuser from visiting the residence, making any type of contact with the elderly adult, or taking any other harmful action against the older individual.
In New Jersey, a restraining order (RO) can be obtained under the New Jersey Prevention of Domestic Violence Act if the abuser is a caregiver, family member, household member, or another individual with whom the elderly person has a close relationship. To obtain a restraining order, the elder abuse victim must file a complaint with the local court. New Jersey offers two types of restraining orders: a temporary restraining order (TRO) and a final restraining order (FRO). If you believe you or a loved one is a victim of elder abuse and you wish to file a restraining order, contact the Lento Law Firm immediately to arrange for a consultation and to file a complaint.
Steps to Prevent Elder Abuse
There are several ways to prevent elder abuse in your family and community. These include the following and more:
Build Strong Support Networks to Prevent Social Isolation
When elderly adults do not have strong social networks and are socially isolated, they face a higher risk of elder abuse, exploitation, and neglect. Staying in touch with elderly family members, friends, and neighbors, delivering meals, and providing rides to doctor appointments are ways to prevent social isolation.
Know the Warning Signs of Elder Abuse
Know the warning signs of elder abuse, which include unpaid bills, isolation, sudden changes in behavior or mood, missed medications, bruises, bumps, changes to financial documents, sudden changes to a will, or utilities that have been turned off.
Be On the Lookout for Fraud Schemes and Scams
Every year, bad actors take advantage of elderly adults, stealing identities and money. You can protect older adults by reporting any unusual credit card or Social Security activity, signing up for registries to reduce telemarketing calls, and making sure that a family lawyer reviews and signs any legal or financial documents. Encourage elderly adults to never provide banking, credit card, Medicare, Social Security, or other information over the telephone unless they have initiated the phone call with the other party.
Protect Yourself and Your Loved Ones From Elder Abuse
Elder abuse is a serious health issue that can take away an elderly person's sense of safety, their dignity, and their independence. Whether the elder abuse is physical, emotional, financial, or in the form of neglect, it can have a devastating impact on the elderly person's health and quality of life. Victims of elder abuse deserve protection from this form of harm and justice for any harm that was inflicted.
If you or a loved one is experiencing elder abuse, contact the Lento Law Firm Family Law Team immediately to explore the legal options available to ensure safety and hold the abuser accountable for their actions. The Lento Law Firm understands the challenges facing victims of elder abuse, and we are dedicated to protecting your rights and your safety. Our team has extensive experience obtaining restraining orders and advocating on behalf of elder abuse victims. Call us today at 888-535-3686 to schedule a consultation or tell us about your case.