Elder Abuse and Financial Exploitation

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney The Older Americans Act of 1965 (42 U.S.C. § 3001 et seq., as amended) (the “OAA”) expresses the nation’s commitment to protecting vulnerable older Americans.   In 1992, Congress created and funded the Vulnerable Elder Rights Protection Act which includes provisions for a long-term care ombudsman programs and state legal assistance development. In 2000, provisions were added to the Federal law encouraging states like New Jersey to foster greater coordination of elder abuse laws with law enforcement and the courts. In the 2006 the Older Americans Act, added new language emphasizing collaborative approaches to addressing elder mistreatment when developing programs and long term strategic plans for elder …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Here’s a very interesting case regarding the right of a disinherited surviving spouse who committed financial elder abuse to inherit from her deceased spouse’s estate. A court affirmed the legality of the marriage in the face of claims it was a “sham” marriage and enforced the surviving spouse’s legal right in a portion of the decedent spouse’s estate.  The issue raised was whether the surviving spouse was prohibited from later being sued for financial elder abuse against the decedent spouse? The trial court believed that it did; the appellate court, however, overruled the trial court. Here’s the background: The surviving spouse was sued …

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Elder Abuse & Financial Exploitation Attorney The Adult Protective Services Act (the Act) authorizes protective services providers, such a County Office on Aging, to pursue legal relief for the benefit of vulnerable adults. In a recent case, a local bank advised the Office on Aging that a 90-year old widower was withdrawing $70,000.00 in cash to give to his caretaker. The Office on Aging immediately investigated and successfully applied for access to his home, and permission to have him psychiatrically evaluated. The Chancery judge also appointed a conservator/guardian for his assets.  After the entry of a second order for additional relief, the guardianship was …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney I recently read a post involving an elderly widow who was persuaded to take out loans from her bank by telephone scammers who told her she won the New Jersey state lottery.  After she got the loans and wired almost $1 Million dollars (in about 21 wires) to a phony account the banks readily facilitated, she lost a large percentage of her life savings. Because one bank failed to record their mortgage in a timely manner, 3 weeks later she went to another bank who gave her a 30 year fixed rate loan (she was a widow in her 80’s) at 8.99%.  Of …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Abuse Lawyer Robert, 88 years old, lives with his adult children in Hackensack, Bergen County,  whom are in their 50’s.  Robert was a child growing up just after the Great Depression, so he is afraid of banks and risky investments.  His don’t understand him and his fears.  They are underachievers and unmotivated in work and in life.  Every day, Robert gets called a “silly old man” and “a dinosaur” by those around him.  Robert is also called names by his grandchildren.  He is blamed for everything that goes wrong in the house.  This constant taunting, insults and name calling makes Robert depressed, which is often confused with sadness by …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Elder abuse in New Jersey nursing homes is likely to result in criminal prosecutions or other governmental investigations. Elder abuse within a private home is often not reported and rarely results in a successful criminal prosecution. In both forums, newspapers and other forums are concerned about libel.  If the police don’t prosecute and there are no official documents to confirm the abuse, how can newspapers and reporters publish a story without risks of a defamation lawsuit? There is a public perception that nursing homes are not popular and are therefore easy to attack. The same is not true of family abuse of elderly …

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 voluntarily exercise his or her own free will due to the undue influence, coercion or duress wielded by another person over him or her.  Undue influence, coercion and duress can be thought of as a trilogy, sort of. At one end, putting a gun to a person’s head and ordering him or her to sign a deed would be an example of duress.  At the …

By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Attorney Can you believe this article I recently read?  China is cracking down on adult children who may be neglecting or possibly abusing their elderly parents.  Is this a possibility in the U.S.? Do you like to visit your Mom and/or Dad?  In China, it’s now a law. The Chinese national legislature now requires that adult children visit their parents often. Otherwise, elderly parents who feel ignored can sue their kids. Wow, that’s the kind of relationship I want to foster. The law is partly a reflection of a cultural change in parts of the developing country. The traditional extended family in China is fading, according to the Associated Press. …

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 the abuser for the return of the elder’s misappropriated funds and as such, is a legal action in which the abuser is entitled to a jury trial.  Because the extent of misappropriation is oftentimes unknown, an accounting claim may be brought together with the elder financial abuse claim. The right to jury trial in New Jersey is not eliminated simply because the matter may be …

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 mistreatment. Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse. Bruises around the breasts or genital area can occur from sexual abuse. Sudden changes in financial situations may be the result of exploitation. Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect. Behavior such as belittling, threats, and other …