Elder Care and Protection Against Elder Abuse and Exploitation

Do You Need an Elder Care Lawyer to Advise You Concerning Elder Abuse and Financial Exploitation in New Jersey?

Introduction to the Law on Elder Abuse

Getting old is hard. Few of my elderly clients say life gets easier as they age. But age keeps moving on and with an aging population, claims of elder abuse are on the rise. Often elders are frail and dependent on their abusers for basic care and are reluctant to complain, because they don’t know how they will survive outside of their dependent condition. The elder may be isolated or may feel fear and shame. Regardless, the problem is widespread. Frederick P. Niemann is an experienced Elder Care Lawyer.

Watch Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright explain the ins and outs of Elder Abuse in New Jersey in this interesting and informative video.

Categories of Elder Abuse

There are three basic categories of elder abuse:

• Domestic elder abuse
• Institutional elder abuse
• Self –neglect or self-abuse

Domestic elder abuse generally refers to the abuse of an elderly person by someone who has a special relationship with the person ( a spouse, a sibling, a child, a friend, a caregiver or fiduciary relation, i.e. Power of Attorney or Guardian), that occurs in the elder’s home, or in the home of a caregiver.

Institutional abuse generally refers to abuse that occurs in residential facilities for older persons (e.g., nursing homes, assisted living residences, residential healthcare facilities, or rooming board and care facilities).

Self–neglect is characterized as the behavior of an elderly person that threatens his/her own health or safety. Self-neglect is generally found as a refusal or failure to carry out one or more activities of daily living (commonly referred to as ADL’s), bathing or showering, dressing, getting in or out of bed or a chair, using the toilet, eating, taking medication (when indicated), and observing safety precautions.

Physical abuse is the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include but is not limited to such acts of violence as striking (with or without an object), hitting, beating, pushing, shoving, shackling, slapping, kicking, pinching, spitting at, and burning. In addition, inappropriate use of chemical (drug) and physical restraints, force- feeding, and physical punishment of any kind also are examples of physical abuse. Physical abuse includes forcing treatment upon an elder who has the capacity to make voluntary healthcare decisions, after the elder has made a voluntary and informed choice regarding such treatment and providing treatment that is not medically indicated.

Verbal, emotional or psychological abuse is the infliction of anguish, pain, or distress through verbal or nonverbal acts. It includes, but is not limited to, verbal assaults, insults, threats, intimidation, humiliation, and harassment. In addition, treating an elder like an infant; isolating an elder from his/her family, friends, or regular activities; giving the elder the “silent treatment;” and enforced social isolation are examples of emotional/psychological abuse.

Gross Neglect is a form of abuse and is the term that describes the willful deprivation of services which are necessary to maintain a person’s known obligations or duties. Gross neglect may also include the failure of a person who has a fiduciary responsibility to provide care for an elder (e.g., pay for necessary care). Gross neglect typically means a refusal or failure to provide an elderly person with life necessities such as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials.

Abandonment is the desertion of an elder by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder.

Have questions or a case involving suspected or actual elder abuse & financial exploitation in New Jersey?

Contact Fredrick P. Niemann, a NJ Elder Care attorney toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.

He will sit and discuss your case and help you evaluate whether an actionable case of elder abuse exists.  Our offices are conveniently located on Route 9 North in Freehold.

 

TESTIMONIAL

I am writing this email to express my gratitude for the moral support you have given me at the time I needed the most. By the time I reached the courthouse all my nervousness had gone, and I was very comfortable. Thank you for the long ride. I want to take this opportunity to thank everybody in your office who have been very kind and supportive. Not worried about the outcome of the case, I thank GOD for placing me in the hands of a team of respectful excellent professionals who truly care. Thank you.

Anju Aragam, Somerset County, NJ

TESTIMONIAL

My wife and I wanted to express our gratitude for the guidance and patience from you and your staff along this journey. Life is strange at times and the things that bring us together can be just as strange, if not more.
I not only got to put a few bucks in the bank, but got to reconnect with my cousin Sarah, which was a great surprise for me. That alone was worth the journey for me. Getting to know her and the family has been nice.

I know it was a long day for all of us in mediation, but I really am blessed to have gotten to know you and talk with you. I admire your skills, work ethic and attitude regarding time and Patience. When the opposing attorney was running her big mouth and doing her thing, you never lost your composure, nor your position. I’m hoping it’s one of the nuggets I’m able to take and implement in my personal/professional life.

The short version of this story is that you have a lot to offer people, you’re a true, trusted advisor. Your words and actions seem to align with your values, which is like common sense, very hard to come by now a day. Your staff does a great job as well. Please let them know that as often as you can.

Keep up the good work Fred and thanks again.
Mike Price – Plainfield, IN

TESTIMONIAL

The Hanlon Niemann & Wright  law firm took my case when others wouldn’t. They worked hard to get my Mom the Medicaid Insurance that she deserved. My mom is handicapped and at only 75 years of age too young to be placed in a nursing home. Now, thanks to the hard work done by Fred and Diane, she can remain at the place she has called home for the past 4 years. If it wasn’t for them, her time at The assisted living facility would have been limited. Both mom and I can sleep better these days and I feel like a huge weight has been lifted off my shoulders. Thanks again, Fred and Diane!
Cindy Rygiel – Sayreville, NJ

Recent Speaking Events by Fredrick P. Niemann, Esq. You Can View Fred’s Current Schedule by Clicking Here

LOOK WHERE FRED HAS BEEN

OFFICE OF CONTINUING EDUCATION WORKSHOPS

Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann & Wright to be the guest speaker at their workshops for the Office of Continuing Education.

Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits 2013”, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”.

Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.

Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.

Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning Conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law. This week-long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies. Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.

Mercer County Chapter of the New Jersey Society of CPAs

Fredrick P. Niemann spoke before the State Society of CPAs Mercer County Chapter about Estate Planning and Asset Protection Planning for individuals and families. Topics addressed during the 4-hour seminar included hospice planning and asset protection, Veterans Aid & Attendance, planning using a Power of Attorney, Living Will and Healthcare Directive. Attendees at the seminar were eligible to receive 4 hours of professional CEU credits from the State Society.

 

Monmouth County, Ocean County, Essex County, Cape May County, Camden County, Mercer County, Middlesex County,
Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County