New Jersey Elder Abuse and Neglect Statutes

  • Dan T. Matrafajlo
  • Wed Nov 2021
  • swimming pool accident,
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elder abuse attorney

Nursing homes should provide quality medical care and assistant with daily living activities to the elderly who cannot properly care for themselves. While most facilities do, there are some that provide substandard care or lack of treatment to arise to abuse and/or neglect. 

If you believe that your elderly loved is subject to abuse, neglect and exploitation at their nursing home or long-term care facility, you should immediately report it to the authorities and take legal action.

NJ Adult Protective Services

All 21 New Jersey counties run an Adult Protection Services (APS) program that assists victims and their families from abuse, neglect, and exploitation. Each APS program investigates allegations of abuse and neglect to determine whether the vulnerable adult is at risk. 

An APS social worker is tasked with conducting a face-to-face meeting with the vulnerable adult with 72 hours after the abuse is reported. The social worker may set up additional interviews with other individuals and/or agencies who may have knowledge of the reported situation.

If you suspect that your elderly loved one could potentially be a victim of abuse and/or neglect, you should contact your local APS Program Public Awareness, Information, Assistance and Outreach Unit by calling the toll-free number at 800.792.8820. You should also contact an experienced New Jersey elder abuse attorney as your elderly loved one may be entitled to compensation as well. 

New Jersey Elder Abuse Statutes

New Jersey has enacted a comprehensive body of laws to protect its elderly population from abuse, neglect, and exploitation. Some of these pertinent 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.

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