Important Information You Must Know About Elder Abuse in New Jersey
- Dan T. Matrafajlo
- Wed Apr 2021
- Elder Abuse,
Nursing care facilities are intended to provide seniors who cannot care for themselves with medical care and assistance with daily living (ADL). Sadly, while most live up to this standard, there are too many long-term care facilities that subject the vulnerable seniors to elder abuse, neglect and exploitation.
What makes this situation even more tragic is that elder abuse is a silent problem because the signs and symptoms are generally difficult to notice. As such, it is imperative to know exactly what symptoms to look for, what actually constitutes elder abuse, and have some information about the relevant elder abuse and neglect statutes in New Jersey.
New Jersey Adult Protective Services
Each of the 21 counties in New Jersey runs an Adult Protection Services (APS) program that assists victims of abuse, neglect and exploitation and their loved ones. The APS program investigates all allegations of abuse and determines whether the vulnerable adult is at risk. An APS social worker must meet in person with the vulnerable senior within 72 hours after the report of the abuse and may conduct additional interviews with other agencies and individuals who may have knowledge of the situation.
If you suspect that an elderly loved one has been the victim of abuse or neglect, you should take immediate action, starting with contacting your local APS program and Public Awareness Information. You should also contact an experienced New Jersey elder abuse attorney to help your elderly loved one seek legal justice and the full compensation he or she deserves under the law.
New Jersey Elder Abuse and Neglect Statutes
A comprehensive body of laws protects seniors from elder abuse, neglect and exploitation in New Jersey. Important state statutes include:
- Adult Protective Services Act — N.J.S.A. §§ 52:27D-406-426 codifies laws that protect vulnerable adults who reside in community settings and who — because of physical injury, mental illness, disability or deficiency — lack understanding and capacity to make, communicate or act on decisions and who are the subject of abuse, neglect or exploitation
- Suspicion of Abuse or Exploitation of Resident of Residential Health Care Facility — N.J.S. A. § 30:1A-3 governs the reporting of abuse, whistleblowers’ immunity from liability, evaluations of alleged abuse and referral of claims for criminal prosecution
- Abandonment, Neglect of Elderly Person, Disabled Adult — N.J.S.A. § 2C:24-8 criminalizes the neglect or abandonment of an elderly or disabled person to whom the caretaker owes a duty of care
- New Jersey Nursing Home Residents’ Bill of Rights — N.J.S.A 30:13-5 contains a list of rights enjoyed by all residents of assisted living facilities — including rights to self-determination, access to medical care, financial independence, personal possessions, privacy and voice complaints.
Call a New Jersey Elder Abuse Attorney Today!
The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you suspect a loved one has become the victim of elder abuse, you need an experienced and caring legal advocate on your side. Our experienced New Jersey elder abuse attorneys are available to personally review your case. Call us at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.