Elder Abuse by the Intentional Infliction of Emotional Distress (Part 1)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney

A new case has come to our office. I’m used to discussing cases with families where the facts and circumstances of abuse are disturbing. It’s never pleasant, it never gets easier, but it’s a reality for many aging individuals and families.

In this case, an elderly man in his nineties (I’ll name him Jr.) is married to his wife, who is 90 years old. They have been married for over 25 years. They lived in Florida. This is Jr’s first marriage, while it is his wife’s second marriage. The wife had two adult children from her first marriage, whom Jr treated like children. Jr and his wife have no children of their own. Over the many years Jr made gifts to his stepchildren for various holidays and birthdays.

A few months ago Jr’s stepchild (we’ll name him CK), moved his mother (Jr’s wife) to New Jersey without Jr’s knowledge or permission. The wife has now filed for divorce in Florida, and Jr has filed a guardianship action to declare his wife legally incapacitated. Jr now seeks to litigate against CK for absconding his wife without his permission to New Jersey.

So, does CK have a case? Were CK’s actions a form of elder abuse? In our next post we’ll address this question further.

To discuss your NJ Elder Abuse matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.