I have prepared for you a list of frequently asked questions I receive from clients and interested persons about Elder Abuse and Financial Exploitation in New Jersey. I hope you will find my answers to these questions to be both informational and helpful.
Elder abuse is an explosive problem. If you have concerns about abuse, make a call to us for help. It’s our goal to be of assistance.
Elder Abuse Frequently Asked Questions
1. What is elder abuse?
That’s a broad question with many sub-parts. Generally, elder abuse refers to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. While elder abuse laws will vary from state to state, in New Jersey abuse is:
- Physical Abuse – Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
- Neglect – Refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder.
- Financial Exploitation – Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
- Emotional Abuse – Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
- Sexual Abuse – Non-consensual sexual contact of any kind.
- Abandonment – The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
Elder abuse affects people of all ethnic and social backgrounds. It strikes both men and women, though it is reported that more women are the subjects of elder abuse than men.
2. What are the warning signs of elder abuse?
Some tell-tale signs of possible elder abuse include:
- Bruises, broken bones not resulting from a fall, abrasions, burns often indicate physical abuse, neglect, or mistreatment.
- Sudden or unexplained withdrawal from customary and long-term activities and behaviors. A sudden change in personality, attention span and alertness. Unexplained depression can indicate emotional abuse.
- Withdrawal of funds from a savings account, brokerage fund, stocks, bonds and changes in finances will almost always be the result of financial exploitation, absent significant long-term care costs.
- Bedsores, unattended medical needs, and unusual weight loss are indicators of neglect.
- Strained or tense relationships, frequent arguments between the caregiver, siblings and elderly persons are also signs. The stress of caregiving takes a significant toll on both parties.
Stay alert. The elderly often suffer in silence. If you notice changes in personality or behavior, you should start to question what is going on or call Fredrick P. Niemann toll free at (855) 376-5291 for a low cost and confidential consultation. See The Basics for more information.
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3. What are the signs of financial abuse & exploitation?
The existence of Financial Exploitation can sometimes be easily noticed in cases where the person has worked and saved their entire life while maintaining a frugal lifestyle yet somehow he or she is barely able to afford their day to day needs. Other signs can include:
- Fraudulent or negligent misrepresentation: The person signs documents without fully knowing their purpose and legal effect (this can be intentional or unintentional);
- Unusual Withdraws: Often large sums of money are either withdrawn or “lost” from an elderly person’s bank accounts;
- Transferring of Ownership: The elderly person may sign over their home and/or other valuable property unknowingly or under false pretenses;
- A Caretaker or Power of Attorney is evasive about finances: Many times, the person is either evasive about financial matters or unreasonably focused on money. Does the caretaker only seem to ask questions about the elder patient’s financial matters and not so much about the patient and his/her needs? This could be your biggest sign;
Of course, not every transaction, withdrawal or questionable financial transaction means financial exploitation. However, for an elderly person who is vulnerable to those around them, these signs should not be ignored.
4. What is self-neglect and what are the signs?
Sometimes the elderly neglects their own needs and self-care, which can lead to illness and/or injury. Self-neglect includes behavior that involves:
- Hoarding
- Refusal or unintentional failure to take their essential daily medications or medical treatment for a serious illness
- Leaving a stove unattended which results in smoke, fire and attendant burning
- Poor hygiene which causes odors, rashes and illness
- Wearing unsuitable clothing for the weather conditions and season of the year
- Confusion and forgetfulness of generally routine matters
- Inability to attend to housekeeping
Self-neglect represents a significant number of cases reported to adult protective services. Oftentimes, it is declining health, isolation, Alzheimer’s disease or dementia, drug and alcohol dependency which brings about the self-neglect issue.
Support for our elderly is available in the community which will allow them to continue living on their own. Some conditions like depression and malnutrition may be successfully treated through medical intervention.
5. Are there ways to protect against these kinds of abuse?
There are several ways you can protect your loved one from Elder Abuse and/or Financial Exploitation. Once the abuse has started time is against you and your options are limited. There are a few measures you can take ahead of time to help prevent the abuse from happening in the first place. They can include:
- Using Direct Deposit: Make sure the elderly person has their income going directly into their bank account (i.e. social security, reoccurring income payments). This can help to guarantee that the funds will make it to their account.
- Create a Joint Account or Convenience Account: This will allow yourself to personally monitor their financial transactions and help you to notice any fraudulent activity faster.
- Execute a new Power of Attorney: By appointing a trustworthy agent it assures that all activity can be done on the elder’s behalf. The document can be created with specific provisions to reduce the risk of abuse.
6. Can a Guardianship help protect against abuse from undue influence?
A guardianship action can return everything back to the way it was supposed to be by providing a legal means to recover the funds wrongfully diverted. It also provides a guardian with the ability to collect information and proof of undue influence against the victim. Aside from financial abuse and undue influence, a protective guardianship can be very helpful in stopping physical abuse situations.
7. What is a “Public Guardianship”?
When an elderly person loses mental capacity a Guardianship action may be necessary. If no one is able or willing to serve as guardian, New Jersey allows for a court appointed public official to serve as the guardian. This is what is known as “Public Guardianship”. The appointed person/agency can make life care and financial decisions on behalf of the incapacitated person just as in a standard guardianship.
8. Who are the most likely persons to be at risk for elder abuse?
Typically a person over age 75 years with some medical or cognitive condition that makes them more vulnerable. Whether it’s relying on someone for physical needs or a general cognitive decline, victims find themselves dependent on their abusers. Sometimes if the victim is not of full mental capacity, they may not even know they are being abused. If you believe there is an abuse or exploitation to be the case DO NOT hesitate to contact help before it’s too late.
9. What makes an older adult vulnerable to abuse and exploitation?
Social isolation and mental impairment (such as dementia or Alzheimer’s disease) are the predominant factors comprising elder abuse. In some situations, studies show that living with someone else (a caregiver or a friend) may increase the chances for abuse. A history of domestic violence may also make a senior more susceptible to abuse.
10. What does “undue influence” mean?
Undue Influence consists of coercion that causes someone to do something he/she normally would not do. Because of the coercion, an elderly person may give gifts, make decisions or give authority to someone that he/she would not typically have done. The influence on the victim must be so strong that it overpowers their normal thinking and free will.
11. Who are the abusers of older people?
Wow, the list of potential offenders is diverse and sometimes unexpected. Abusers are both women and men. Family members are often the abusers more than any other group. For many years, it was adult children who were the most common abusers of family members but now the data suggests spouses are the most common perpetrators. Professionally, I still believe it to be family members.
Truth be told, elder abuse is a family issue. Neglect is the most common type of abuse identified.
12. Does New Jersey have any laws to protect against elder abuse?
Yes, New Jersey has many laws and procedures to protect against elder abuse and exploitation. Two primary examples are The Prevention of Domestic Violence Act of 1991 and the Adult Protective Services Act. The acts cover many forms of abuse that leave the person in physical fear of their abuser.
13. Are there criminal penalties for the abusers?
You bet there are. New Jersey has laws that impose criminal penalties for various types of elder abuse. Law enforcement officers and prosecutors are trained about elder abuse and ways to use criminal and civil laws to bring abusers to justice.
14. What if the abuse is coming from a nursing home or assisted living facility?
If you suspect abuse or exploitation from a long-term care facility you should contact the Office of the Institutional Care Ombudsman. Federal law protects confidentiality of all complaints and records. Reporting such abuse to the office can provide immunity to the person reporting the abuse.
15. Who do I call if I suspect elder abuse?
In New Jersey, you can call your local police department, the County Office of Aging, the NJ Ombudsman for the Institution of Elderly and Adult Protective Services. Doctors, home health providers and health care professionals are legally obligated to report suspected abuse or neglect. These professionals are called mandated reporters.
Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger.
If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone.
If you have been the victim of abuse, exploitation, or neglect, you are not alone. Many people care and can help. Please tell your doctor, a friend, or a family member you trust, or contact the NJ agency at this website by clicking here: Bill of Rights for the NJ Elderly
16. What should I expect if I call someone for help?
When making the call, be ready to give the elder’s name, address, contact information, and details about why you are concerned.
You may be asked a series of questions to gain more insight into the nature of the situation.
- Are there any known medical problems (including confusion or memory loss)?
- What kinds of family or social supports are there?
- Have you seen or heard incidents of yelling, hitting, or other abusive behavior?
You will be asked for your name, address, telephone number, etc., but in New Jersey, all police departments and state agencies will take the report even if you do not identify yourself. You are immune from legal liability for a report made in good faith.
Fredrick P. Niemann Esq.
Have questions or a case involving elder abuse in New Jersey? Contact Fredrick P. Niemann, a NJ elder abuse law attorney toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com
He will sit and discuss with you your case and help you evaluate whether an actionable case of elder abuse exists.
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Elder Abuse Attorney