{"id":13028,"date":"2018-10-19T11:12:34","date_gmt":"2018-10-19T15:12:34","guid":{"rendered":"https:\/\/legalcounselnj.com\/?p=13028"},"modified":"2020-04-14T15:58:34","modified_gmt":"2020-04-14T19:58:34","slug":"elder-abuse-financial-physical-mental-abuse","status":"publish","type":"post","link":"https:\/\/legalcounselnj.com\/elder-abuse-financial-physical-mental-abuse\/","title":{"rendered":"Elder Abuse"},"content":{"rendered":"

Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person.\u00a0 The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or fraud. In the majority of cases, it is a member of the elderly person\u2019s own family who is harming the elder.\u00a0 But, it can also be hired caregivers, contractors, telephone marketers and newly acquired \u201cfriends\u201d.<\/p>\n

Elder Abuse Examples<\/u><\/strong><\/p>\n

\"The<\/a>

The Value of Human Dignity is Violated by Elder Abuse<\/p><\/div>\n

By far, it is family members who engage in elder abuse.\u00a0\u00a0 Usually, the abuse is for control of the elder\u2019s money. There is an entitlement emotion that \u201cshe doesn\u2019t need it\u201d or \u201cI don\u2019t want my inheritance spent on nursing home care\u201d to \u201cmy siblings shouldn\u2019t get any of this money\u201d.\u00a0 Many times, the elder will be isolated from rest of the family. Cell phones are taken away, and even landline phones are removed. Other family members or friends are not permitted to visit, and the elder is treated with disdain.\u00a0 Bank accounts and credit cards are compromised. I have seen a son keep his father in a dangerously dilapidated house, far from the care he needed, so that he could spend his father\u2019s money, rather than using it to pay for needed care. \u00a0I have seen a daughter move her mother out of her mother\u2019s house, sell it, and take all of the money for herself.\u00a0 She also used her mother\u2019s credit cards for her own selfish needs.\u00a0 I have seen a prevalence of fifty\/sixty- year-old \u201cmen\u201d, who live in their mother\u2019s house, refuse to work, and live off of their mother\u2019s accounts.\u00a0 Usually drugs or alcohol are involved.\u00a0 After some time, the son convinces the mother to put him on the house deed. Then the son claims the house belongs to him, and he has by then moved-in his significant other, and they try to force the mother out through physical and emotional mistreatment.\u00a0 This game has become very predictable to me.<\/p>\n

Elder Abuse: What Can Be Done?<\/u><\/strong><\/p>\n

It is important that we do not turn a blind eye to elder abuse. If you suspect that an elder is being abused, you should call your county Adult Protective Services Unit. You can make an anonymous report, and APS will investigate. You should also call your local police department. In appropriate cases, particularly if you are a family member seeking to stop the abuse, contact an elder law attorney immediately.<\/p>\n

New Jersey\u2019s Response to Elder Abuse<\/u><\/strong><\/p>\n

Although New Jersey has Adult Protective Services and other agencies, they have too few resources to combat the growing rise of elder abuse.\u00a0 There is also a reluctance on the part of the police and the courts to get involved in this issue for a variety of reasons.\u00a0 Other states have reacted more strongly, with financial abuse specialist teams (FAST), comprised of CPAs, financial planners, bankers, attorneys and law enforcement officials, to work with social workers to uncover theft.\u00a0 Some states, like California, have separate courts to deal with these matters. Certainly, we need more legal consequences for those committing these acts in New Jersey.\u00a0 It is important that we let our elected officials know that resources and legislation is needed to protect society\u2019s most vulnerable.<\/p>\n

Law Offices of Robert J. Shanahan, Jr. has the experience and tools available to help you protect an elderly person from abuse.\u00a0 I have been doing just that for more than fifteen years. Please call and give me the opportunity to help.<\/p>\n

 <\/p>\n

Robert J. Shanahan, Jr. Esq. focuses his practice in estate planning, elder law and probate matters.\u00a0 Mr. Shanahan additionally practices in business law and non-profit matters. He is a trained, experienced mediator and offers dispute resolution services, particularly for those arising from probate and elder law matters. Additionally, Mr. Shanahan\u2019s firm, Law Offices of Robert J. Shanahan, Jr., LLC, offers a breadth of additional services to families and businesses throughout central New Jersey.<\/p>\n

Mr. Shanahan received his Juris Doctor from the Temple University School of Law in 1985, and obtained licensure in New Jersey in the same year.\u00a0 He received a Bachelor of Arts degree in History in 1981 from William Paterson University, with honors.\u00a0 Robert is a member and Past President of the Hunterdon County Bar Association, and is a member of its Elder Law Committee. He is also active in the National Academy of Elder Law. He is pro bono counsel for Volunteer Guardianship One on One, in Flemington, New Jersey.<\/p>\n

You may contact Bob at (908)751-1551, or robert@legalcounselnj.com<\/a>. \u00a0\u00a0For more information, visit www.legalcounselnj.com<\/a><\/p>\n

THE INFORMATION CONTAINED HEREIN IS MERELY AN EDUCATIONAL SERVICE TO PROVIDE BASIC, GENERAL INFORMATION AND IS NOT LEGAL ADVICE OF ANY SORT. FURTHER, BY EXPLORING THIS INFORMATION, YOU UNDERSTAND AND AGREE THAT NO ATTORNEY-CLIENT RELATIONSHIP IS BEING FORMED.<\/p>\n","protected":false},"excerpt":{"rendered":"

Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person.\u00a0 The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12,3007],"tags":[1855,1857,687,1856,1859,1853,1858,40,249,66,1854,92],"_links":{"self":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts\/13028"}],"collection":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/comments?post=13028"}],"version-history":[{"count":0,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts\/13028\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/media?parent=13028"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/categories?post=13028"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/tags?post=13028"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}