• 01
  • November
    2011

As the senior population expands, issues related to aging are becoming more prominent in the public consciousness. One urgent concern relates to an alarming increase in reports of elder abuse. People reported over one million cases of elder abuse nationwide in 2010. In addition, according to the National Crime Prevention Council, five unreported cases of elder abuse occur for each reported case. New Jersey has the highest number of reported cases in proportion to the state's senior population. In 2010, 176,000 reports of elder abuse were filed, which translates to 11 percent of New Jersey's seniors.

State Laws Concerning Elder Abuse

New Jersey law defines elder abuse as "the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health." This definition encompasses a broad array of mistreatment, including physical and sexual abuse, neglect and financial abuse or exploitation. More often than not, the one perpetrating the abuse is a relative. Under New Jersey law, it is a crime for those who have a duty to look after an elderly person to neglect to care for that person or prevent others from providing necessary care.

New Jersey lawmakers have taken steps to combat the tragedy of elder abuse. The state has an Adult Protective Services Act, which outlines the procedure for providing protective services for vulnerable adults, including the elderly. Additionally, the law requires any "health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician" who has reasonable suspicion that a vulnerable adult is suffering abuse to report it to the county protective services provider.

Nursing Homes

Lawmakers have also begun to combat elder abuse and nursing home negligence. The law requires anyone who has reasonable suspicion that a resident of a residential health care facility to report the abuse. The county welfare board must then investigate each allegation. The New Jersey legislature also passed the Nursing Home Resident's Bill of Rights in 2007, which guarantees nursing home residents the right to privacy, the right to a safe and decent living environment, the right to receive unopened mail, the right to manage their own financial affairs unless a judge has adjudicated them incompetent and the right to retain personal property.

The Nursing Home Resident's Bill of Rights also obligates nursing homes to maintain complete records of patients' possessions and finances, administer medications only for the residents' benefit and comfort and provide for the residents' spiritual needs. If the nursing home violates the patients' rights, patients may recover actual damages, as well as punitive damages, attorney's fees and costs.

Nursing homes often fail to meet their patients' needs due to understaffing or attempts to cut corners to save money. As the growing senior population grows, it is imperative that people ensure that their senior aged loved ones receive proper care.