ELDER ABUSE AND

FINANCIAL

EXPLOITATION IN

NEW JERSEY

Introduction to Law
on Elder Abuse

Written by New Jersey Elder Abuse Attorney Fred Niemann
 

The elder may be isolated, or may feel fear and shame.  Regardless, it is clear that the problem is widespread.

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 elder by someone who has a special relationship with the elder ( 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 abuse law attorney toll-free at
(888) 800-7442 or email him at fniemann@hnlawfirm.com.

He will sit and discuss your particular case and help you evaluate whether an actionable case of elder abuse exists.

New Jersey Elder Abuse Lawyer
 
ELDER ABUSE AND FINANCIAL

EXPLOITATION IN NEW JERSEY

3499 Route 9 North, Suite 1F, Freehold, NJ | Toll Free: 855-376-5291 | (732) 863-9900

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NJ Elder Abuse Attorney