Elder Abuse in New Jersey By Fred Nieman, NJ Elder Abuse Lawyer

1. ELDER ABUSE ANDELDER ABUSE AND
FINANCIAL EXPLOITATIONFINANCIAL EXPLOITATION
IN NEW JERSEYIN NEW JERSEY
Fredrick P. Niemann, Esq.
Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (855) 376-5291
fniemann@hnlawfirm.com
www.njelderlawcenter.com
www.elderabuseinnj.com
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2. Fredrick P. Niemann offers his clients nearly 30
years of accomplished practice in the law. He is a
member of the National Academy of Elder Law
Attorneys, the Guardianship and conservatorship
Committee of NAELA, Monmouth County Probate
and Estate Committee and the Monmouth County
Chancery Practice Committee. Mr. Niemann is one
of the few attorneys in New Jersey, accredited by
the Veteran’s Administration, to apply for Aid and
Attendance benefits for Veterans and/or their
spouses.

3. LEGAL WITLEGAL WIT
 What’s the difference between a good lawyer and a great lawyer? A
good lawyer knows the law. A great lawyer knows the judge.
 A new client had just come in to see a famous lawyer. “Can you tell
me how much you charge?”, said the client. “Of course”, the lawyer
replied, “I charge $200 to answer three questions!” “Well that’s a bit
steep, isn’t it?” “Yes it is”, said the lawyer, “And what’s your third
question?”
 What’s wrong with lawyer jokes? Lawyers don’t think they’re funny,
and nobody else thinks they’re jokes.

4. THE FACE OF ELDER ABUSETHE FACE OF ELDER ABUSE

5. ELDER ABUSEELDER ABUSE: GENERALLY: GENERALLY
Definition
 The willful infliction of injury,
unreasonable confinement, intimidation
or punishment with resulting physical
harm, pain or mental anguish
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6. PROFILE: MEET THE VICTIM AND THE ABUSERPROFILE: MEET THE VICTIM AND THE ABUSER
OF ELDER ABUSEOF ELDER ABUSE
The Victim
 The victim is usually a female, age 75 or older
with limited means, alone and vulnerable. She
or he is generally isolated from the world around
them.
 The abuse most frequently occurs when elders
are living with family.
 Elders may deny abuse because they are fearful
of abandonment.

7. The abuser may be the victim’s middle-aged
adult child who is also the victim’s caregiver.
The abuser may even be the victim’s spouse or
grandchild. An individual without close family
may be exploited by a “friend”. If the individual
resides in an institution, the abuser may be an
employee of the facility or another resident of
the facility may be the abuser.

8.  One common scenario of an abusive
relationship finds the victim frail or disabled
and the perpetrator suffering from
psychological problems or the effects of
alcohol/drug abuse.

9. GENERAL CATEGORIES OF ACTIONABLEGENERAL CATEGORIES OF ACTIONABLE
ELDER ABUSEELDER ABUSE
There are four basic categories of elder abuse:
• Domestic elder abuse
• Institutional elder abuse
• Self –neglect or self-abuse
• Financial Exploitation
(cont’d)

10. General Description
Domestic elder abuse 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.
(cont’d)

11. DOMESTIC ELDER ABUSE INCLUDESDOMESTIC ELDER ABUSE INCLUDES
PHYSICAL ABUSEPHYSICAL ABUSE
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.
(cont’d)

12. 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.
(cont’d)

13. CORPORAL PUNISHMENT AS A FORMCORPORAL PUNISHMENT AS A FORM
OF DOMESTIC ELDER ABUSEOF DOMESTIC ELDER ABUSE
 Physical punishment: the striking of a
person’s body as punishment
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14. VERBAL, EMOTIONAL ORVERBAL, EMOTIONAL OR
PSYCHOLOGICAL ABUSE AS A FORM OFPSYCHOLOGICAL ABUSE AS A FORM OF
DOMESTIC ELDER ABUSEDOMESTIC ELDER ABUSE
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.
(cont’d)

15. GROSS NEGLECT AS A FORM OFGROSS NEGLECT AS A FORM OF
DOMESTIC ELDER ABUSEDOMESTIC ELDER 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. (cont’d)

16. ABANDONMENT AS ELDERABANDONMENT AS ELDER
ABUSEABUSE
General Description
 Abandonment is the desertion of an elderly person by
an individual who has assumed responsibility for
providing care for an elder, or by a person with
physical custody of an elder (ie.,“Granny dumping”)
 Signs and symptoms of abandonment include but are
not limited to:
- the desertion of an elder at a hospital, a nursing facility, or
other similar institution with no intention of returning
- the desertion of an elder at a shopping center or other
public location
- an elder's own report of being abandoned.
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17. General Description
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).
(cont’d)

18. INSTITUTIONAL ELDER ABUSEINSTITUTIONAL ELDER ABUSE
CAN INVOLVE INVOLUNTARYCAN INVOLVE INVOLUNTARY
SECLUSIONSECLUSION
 Involuntary seclusion is defined as a separation
of a resident from other residents, or from his or
her room (with or without roommates), against
the resident’s will, or the will of the resident’s
legal representative.
 Emergency or short term monitored separation
will not be considered involuntary seclusion, and
may be permitted, if used for a limited period of
time, as therapeutic interventions to reduce
agitation until staff can develop a plan of care to
meet resident’s needs
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19. SELF-NEGLECT AS A FORM OF ELDERSELF-NEGLECT AS A FORM OF ELDER
ABUSEABUSE
General Description
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.
(cont’d)

20. FINANCIAL EXPLOITATION AS A FORMFINANCIAL EXPLOITATION AS A FORM
OFOF
ELDER ABUSEELDER ABUSE
 Examples include but are not limited to cashing
an elderly person's checks without
authorization/permission
 forging an older person's signature; misusing or
stealing an older person's money or possessions
 coercing or deceiving an older person into
signing any document (e.g., contracts or will)
 the improper use of guardianship, or power of
attorney
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21.  The existence of financial exploitation
“should be considered if the older person is
suffering from substandard care in the home
despite adequate financial resources, if the
person seems confused about or unaware of
his or her financial situation; or if the person
has suddenly transferred assets to a family
member.”

22. OTHER SIGNS OF FINANCIALOTHER SIGNS OF FINANCIAL
EXPLOITATIONEXPLOITATION
 The elderly client has recently signed papers
without realizing their purpose:
 Large withdrawals are made from the elderly
client’s accounts, or checks drawn on the
elderly person’s account are returned for
insufficient funds;
(cont’d)

23. ELDER FINANCIAL EXPLOITATIONELDER FINANCIAL EXPLOITATION
 The elderly person relinquishes ownership of
her home; or
 The caretaker is evasive when asked about
financial plans, or the caretaker asks only
questions about finances, but no personal
questions about the elderly client.

24.  Usually by the time financial exploitation is
discovered, the assets are depleted. The
exploiting person argues that the elderly victim
made a gift of the assets, making it difficult to
prove the exploitation. Often, the exploitation is
accomplished through the use of a (joint
checking account or durable power of attorney)
which cloaks the transaction with at least the
appearance of legitimacy.
(cont’d)

25. ELDER FINANCIAL EXPLOITATIONELDER FINANCIAL EXPLOITATION
Common schemes include:
 The perpetrator promises to take care of the
victim for life in return for transfer of title to the
victim’s home; soon after the deed is
transferred, the victim is removed from the
home.
(cont’d)

26. ELDER FINANCIAL EXPLOITATIONELDER FINANCIAL EXPLOITATION
 The perpetrator has the victim sign a durable
power of attorney or change the bank account
into a joint account so the perpetrator can pay
the victim’s bills; instead the perpetrator pays
her own personal bills and empties the victim’s
accounts. These accounts usually represent a
lifetime of savings that cannot be recouped.
(cont’d)

27. ELDER FINANCIAL EXPLOITATIONELDER FINANCIAL EXPLOITATION
 The perpetrator gets the confused and
incapacitated victim to sign documents,
including a power of attorney (POA) or new will,
under threat or fraud; in some cases, the
perpetrator forges the client’s signature on
documents.

28.  A guardianship proceeding often is considered a
“last ditch measure” to protect an alleged
incapacitated person who is in need of assistance
in making financial, legal, medical and other
decisions. It can and often is used as a sword or a
shield to gain an advantage over other interested
parties as well as the alleged incapacitated
person. What are the risks and benefits to the
person bringing the guardianship action?

29. ELDER ABUSE LAWS IN NEW JERSEYELDER ABUSE LAWS IN NEW JERSEY
THE PREVENTION OF DOMESTIC VIOLENCE
ACT (ELDER ABUSE) AND HOW IT APPLIES TO
THE ELDERLY IN NEW JERSEY
 The Prevention of Domestic Violence Act
of 1991 is a series of laws found in the New
Jersey Code of Criminal Justice. It prohibits the
treatment of elderly persons in a number of
specified ways. A violation is a criminal act.
(cont’d)

30. TYPES OF ABUSE COVERED UNDER THETYPES OF ABUSE COVERED UNDER THE
NJ DOMESTIC VIOLENCE ACTNJ DOMESTIC VIOLENCE ACT
 The Act covers physical, sexual or emotional
abuse that puts a victim in physical fear.

31. PROCEDURE TO INITIATE A COMPLAINT FORPROCEDURE TO INITIATE A COMPLAINT FOR
DOMESTIC VIOLENCEDOMESTIC VIOLENCE
 A victim may file a complaint alleging an act of
domestic violence with the Family Part of the
Chancery Division of the Superior Court of New
Jersey. The filing a complaint does not prevent
the filing of a criminal complaint for the same
alleged act of abuse.
(cont’d)

32. PREVENTION OF DOMESTIC VIOLENCE ACTPREVENTION OF DOMESTIC VIOLENCE ACT
 It is important to note that NJ law has
provisions for a representative of a victim to
seek protection for another person who is
being abused, for example, a distant child for a
parent or grandparent in an abusive
environment in New Jersey.

33.  A victim of domestic violence is defined as a
person over the age of 18, or an emancipated
minor, who is abused by a spouse, a person with
whom the victim has a child in common, any other
former or present household member, or a person
with whom the victim has had a dating
relationship. The definition is quite broad, and
covers many elderly persons previously excluded
from the law’s protection, such as those abused by
a live-in caretaker, non blood relatives (such as
sons-in-law), etc.

34.  The Act covers physical, sexual or emotional
abuse that puts a victim in physical fear.

35.  A victim may file a complaint alleging an act of
domestic violence with the Family Part of the
Chancery Division of the Superior Court of New
Jersey. The filing a complaint does not prevent
the filing of a criminal complaint for the same
alleged act of abuse.
(cont’d)

36. PREVENTION OF NJ DOMESTIC VIOLENCE LAWPREVENTION OF NJ DOMESTIC VIOLENCE LAW
 It is important to note that NJ law has
provisions for a representative of a victim to
seek protection for another person who is
being abused, for example, a distant child for a
parent or grandparent in an abusive
environment in New Jersey.

37.  Adult Protective Services (APS) are
services to protect the safety and well being of
the elderly and other adults with disabilities
living in the community, who are in danger of
being mistreated or neglected; and/or are
unable to take care of themselves or protect
themselves from harm; and/or have no one to
assist them.

38. THE NEW JERSEY ADULT PROTECTIVE ACTTHE NEW JERSEY ADULT PROTECTIVE ACT
 The New Jersey Adult Protective
Services Act (APS) became law on February
7, 1994. If an APS worker determines that
there is reasonable cause to believe that a
person has or is likely to become a vulnerable
adult and/or his/her legal guardian consents,
the APS worker can provide or arrange for
protective services , including making referrals
to State, County and local agencies, hospitals
or organizations.

39.  A “vulnerable adult” means a person 18
years of age or older who resides in a
community setting and who, because of a
physical or mental illness, disability or
deficiency, lacks sufficient understanding or
capacity to make, communicate, or carry out
decisions concerning his/her well-being and is
the subject of abuse, neglect or exploitation.
(cont’d)

40. ADULT PROTECTIVE SERVICES ACTADULT PROTECTIVE SERVICES ACT
 A person shall not be deemed to be the subject
of abuse, neglect or exploitation or in need of
protective services for the sole reason that the
person is being furnished nonmedical remedial
treatment by spiritual means through prayer
alone or in accordance with a recognized
religious method of healing in lieu of medical
treatment, and in accordance with the tenets
and practices of the person’s established
religious tradition.

41. REPORTING THE ABUSE OF ELDERLYREPORTING THE ABUSE OF ELDERLY
PERSONSPERSONS
IN NEW JERSEY UNDER THE APSAIN NEW JERSEY UNDER THE APSA
 Reporting suspected abuse, neglect or
exploitation of a vulnerable adult living in the
community to APS is voluntary in New Jersey.
(cont’d)

42. NJ APSANJ APSA
 A person who makes a report to APS, provides
information regarding abuse of a vulnerable
adult, or testifies at a proceeding, is granted
immunity, unless he or she is acting in bad
faith or with malice.

43. CONTACT INFORMATION FOR ADULTCONTACT INFORMATION FOR ADULT
PROTECTIVE SERVICESPROTECTIVE SERVICES
 Here is the contact information for
Adult Protective Services in Monmouth
County, Ocean County, Middlesex County and
Mercer County:
http://www.state.nj.us/health/senior/aps.shtml

44. Family and Children Services of Monmouth
County
191 Bath Avenue
Long Branch, NJ 07740
732-531-9191,
After hours: 732-222-9111,
Toll free 1-800 495-0055

45. Middlesex County Board of Social Services
P.O. Box 509
New Brunswick, NJ 08903
732-745-3635, After hours: call main number

46. Mercer County Board of Social Services
200 Wolverton Street, Trenton, NJ 08650
609-989-4346, After hours: call main number

47. Ocean County Board of Social Services
P.O. Box 547
1027 Hooper Avenue
Toms River, NJ 08754-0547
732-349-1500, 732-286-5333,
732-286-5929
After hours: 732-240-6100

48. ELDER ABUSE THAT OCCURS IN NJ
INSTITUTIONS LIKE NURSING HOMES,
ASSISTED LIVING GROUP, RESIDENCE
HOMES, ETC:
OFFICE OF THE NEW JERSEY
OMBUDSMAN
FOR INSTITUTIONAL ELDERLY

49. OLDER AMERICANS ACTOLDER AMERICANS ACT
 Approximately 120,000 elders reside in a variety
of long term care facilities in New Jersey. In most
cases, they are in facilities because their care
needs are so great that they can no longer remain
at home and/or in a community-based setting.
Such facilities include nursing homes, assisted
living, resident group homes, etc. Many elderly
persons suffer from Alzheimer’s disease or some
other form of dementia.

50. OLDER AMERICANS ACT AND THE OFFICE OF THEOLDER AMERICANS ACT AND THE OFFICE OF THE
OMBUDSMAN FOR THE INSTITUTIONAL ELDERLYOMBUDSMAN FOR THE INSTITUTIONAL ELDERLY
 The Institutional Ombudsman responsibility
under the Older Americans Act includes:
 Identification, investigation and resolution of
complaints made by or on behalf of residents
living in long term care facilities.
(cont’d)

51.  Federal law also requires that New Jersey
protect the confidentiality of complaints and
records, provide adequate legal counsel to the
Ombudsman program, protect representatives
of the Ombudsman from liability for the good
faith performance of their duties, prepare an
annual report, and provided training to
Ombudsman representatives.

52. NJ OFFICE OF THE OMBUDSMANNJ OFFICE OF THE OMBUDSMAN
 The Office of the Ombudsman for the
Institutionalized Elderly in New Jersey
 In 1977, the New Jersey legislature passed a
law creating the Office of the Ombudsman for
the Institutionalized Elderly.

53. NJ OFFICE OF THE OMBUDSMANNJ OFFICE OF THE OMBUDSMAN
 The basic objective of the Office is to promote,
advocate and insure, the adequacy of the care
received, and the quality of life experienced, by
elderly patients, residents and clients of long
term care facilities within New Jersey.

54. NJ OFFICE OF THE OMBUDSMANNJ OFFICE OF THE OMBUDSMAN
 In the institutional setting, unlike in the
community setting, professionals are
mandated by law to report abuse and
exploitation of elders. The Mandatory Adult
Abuse Reporting Act was adopted in 1983,
and requires that any caretaker, social worker,
physician, registered or licensed practical nurse
or other
(cont’d)

55. NJ OFFICE OF THE OMBUDSMANNJ OFFICE OF THE OMBUDSMAN
professional, who, as a result of information
obtained in the course of his/her employment,
has reasonable cause to suspect or believe
that an institutionalized elderly person is being
or has been abused or exploited, shall report
such information obtained in a timely manner
to the Ombudsman or the Ombudsman’s
designee.

56.  Has the person received any significant lifetime
gifts from the alleged incapacitated person?
 Is the beneficiary of the gift a fiduciary for the
alleged incapacitated person, i.e., trustee, power
of attorney, guardian, agent?
 Did the Power of Attorney, Guardian acting as
attorney-in-fact, make any gifts? If so, was he or
she specifically authorized by the written
instrument to do so?

57.  File a complaint in the Superior Court of New
Jersey and seek an injunction.
 Request the appointment of a temporary
guardian.
 Request the appointment of a geriatric care
manager.

58.  Request an accounting. New Jersey court rules
provide that a court “may, upon application of
any heir or other next friend of the principal,
require an attorney-in-fact acting within the
powers delegated by the power-of-attorney, or is
acting solely for the benefit of the principal to
file an accounting.”

59.  Contact the County Prosecutor’s office.
 Call Adult Protective Services if the
circumstances warrant the call.

60. QUESTIONS???QUESTIONS???
Fredrick P. Niemann,
Esq.
Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (855) 376-5291
fniemann@hnlawfirm.com
www.njelderlawcenter.com
www.elderabuseinnj.com
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