Claims of Undue Influence, Coercion and Duress in Elder Financial Exploitation Lawsuits

By Fredrick P. Niemann, Esq. a NJ Elder Abuse and/or Financial Exploitation Attorney The most commonly used theory for law suits filed by Hanlon Niemann in cases involving elder financial exploitation are undue influence (https://www.elderabuseinnj.com/challenging-gift-undue-influence/), coercion and duress. These legal theories claim that the elderly victim, when executing a legal document or otherwise, was unable to […]

Do You Get a Jury to Decide an Elder Abuse Accusation?

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Attorney When a criminal case for elderly abuse is filed, an accused person is entitled to a jury trial on civil and criminal legal claims but not on equitable claims.  An elder financial abuse action is most often a legal action against […]

What Are The Warning Signs Of Elder Abuse?

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney While one sign or several signs do not necessarily indicate elder abuse all of the time there are some tell-tale signs of a problem: Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or […]

Protecting Your Elder Loved Ones From Financial Abuse

By Fredrick P. Niemann, Esq., a NJ Elder Abuse and Financial Exploitation Attorney It’s no secret that the economy has worsened in recent years. Unfortunately, with the struggling economy has come a rise in elder financial abuse, Individuals see the elderly as being more vulnerable to scams, fraud, and other financial abuse due to their […]

What Is Self-Neglect And What Are The Signs?

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Attorney Tragically, sometimes elders neglect their own care, which can lead to illness or injury. Self-neglect can include behaviors such as: • Hoarding • Failure to take essential medications or refusal to seek medical treatment for serious illness • Leaving a burning stove unattended • Poor hygiene • Not wearing […]

Nursing Home Abuse – How Safe Is a Family Member?

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Attorney The nursing home industry’s reliance on public New Jersey Medicaid and Medicare money makes it a challenge to staff appropriately, says owners and operators of both non-profit and for-profit nursing homes in the state. Although the quality of care in nursing […]

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 […]