Who Is Protected Under New Jersey From Elder Abuse & Neglect?

  • Dan T. Matrafajlo
  • Sat Jan 2022
  • Nursing Home Abuse,
  • 0
elder abuse attorney

Although most professionals who work at residential care facilities for seniors are dedicated to their work and caring for their elderly residents, elder abuse and neglect is on the rise. In the case of nursing homes, the motive of increasing profit often results in a greater risk of injury or exploitation of elder and dependent adults.

If you or an elderly loved one has been the victim of elder abuse or neglect, you need to take immediate actions to protect your legal rights. You may also be entitled to monetary compensation.

What Is Elder Abuse?

Elder abuse is an explosive problem. Generally, elder abuse and neglect refers to any knowing, intentional, or negligent action by a caregiver or any other person that causes harm or risk of harm to a vulnerable elderly individual.

Elder abuse typically varies from state to state, but under New Jersey law, elder abuse can take any of the following forms:

  • Physical abuse
  • Neglect
  • Exploitation
  • Emotional and mental abuse
  • Sexual abuse
  • Abandonment

Elder abuse impacts individuals of all ethnic and social backgrounds. Men and woman are both affected, although women are on average more the subject of elder abuse.

Who Is Protected Under the Law From Elder Abuse?

New Jersey law protects elders from many types of abuse and neglect. All 50 states have Elder Abuse Prevention Laws. However, since there is no uniform reporting, the problem remains greatly hidden. An “elderly” individual in New Jersey is defined as anyone who is 60 years of age or older. The state has enacted laws and statutes to protect elderly individuals as best as it can. 

In 1993, the state passed the Adult Protective Services Act (APS). This law is designed to protect any vulnerable adult, residing in a community setting and subject to abuse, neglect or exploitation. A “vulnerable adult” under the APS is defined as any individual 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 well-being and is the subject of abuse, neglect or exploitation. Although the APS is designed to include all impacted adults, it is mostly geared toward the elderly who tend to be more vulnerable.

Call a New Jersey Nursing Home Abuse & Neglect 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 nursing home abuse or neglect, you need an experienced and caring legal advocate on your side. Our experienced New Jersey nursing home abuse attorneys are available to personally review your case.  Call us at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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