How to Protect an Elderly Person from Being a Victim of Elder Abuse

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer If there is an imminent threat of an elder person being abused, the police can help and so can Adult Protective Services to determine whether or not a case of elder abuse exists. An elderly person should generally be removed from […]

Challenging A Gift Made By An Elderly Person – Incapacity

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer If it is found that an elderly person does not have sufficient mental capacity (a/k/a competency), then any gift made by the elderly person can be challenged in court.  An elderly person is legally permitted to make a gift to anyone […]

Scamming Elderly People In New Jersey Is An Epidemic

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Attorney Individuals who prey on the elderly are often professionals, sometimes making it difficult to detect the abuse. The elderly individual may not even have any idea the scam is taking place until it is too late, making it imperative that you […]

Challenging Gifts Made By An Elderly Person – Elder Abuse

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer In cases of undue influence, a gift made by an elderly person can be challenged.  Undue influence is considered to be a form of elder abuse.  Undue influence is when a person places external pressure on an elderly person, so that […]

Learn the Signs of Elder Abuse

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Lawyer Elder financial exploitation is unethically exploiting an elderly person’s financial position for personal gain.  70,000 elderly people in New Jersey are at risk for being abused in some form, including through financial abuse.  Thus, it is evident that elder financial abuse […]

Transfer of Mortgage to Wife’s Name Upon Husband’s Death

By Fredrick P. Niemann, Esq. a New Jersey Estate Administration Attorney When a husband and wife own property as tenants by the entirety (but only one name is on the mortgage) and the husband dies, can the wife legally transfer the mortgage into her own name? I had this situation come up.  In this case, […]

Identifying Signs of Elder Abuse in Many of Its Sinister Ways

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Lawyer Some of the most pervasive signs of elderly abuse, in general, include arguments between the elderly person/caregiver and a change in the elderly person’s personality.  In cases of emotional abuse, the elderly person will likely adopt strange behavioral habits, or the caregiver will show […]

What is the Difference Between a Conservatorship and Adult Guardianship in New Jersey?

By Fredrick P. Niemann, Esq. of Hanlon Niemann a Monmouth County, NJ Guardianship Attorney A conservator in a NJ conservatorship has the court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances.  If the incapacitated person had planned ahead and signed a durable financial power […]