Elder abuse generally includes the abuse, neglect, and exploitation of persons age 65 or older. Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, sexual assault, sexual coercion, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the elderly person's ability to hear or comprehend.
Neglect means the failure of a caretaker to provide the goods or services—including medical services—that are necessary to avoid physical or emotional harm or pain. Neglect may cause starvation, dehydration, over- or under-medication, unsanitary living conditions, or lack of personal hygiene. Neglected adults may also not have heat, running water, electricity, or medical care.
Exploitation includes a caretaker's illegal use of a senior's resources for monetary or personal benefit, profit, or gain. Elderly persons may need help with their finances, but unless they hand control over to another person, they have the same rights as anyone else to receive, spend, invest, save, or give away their money. A family member, "friend," or nursing home may not take control of an elderly person's money without that person's permission. Exploitation also means misusing the resources of an elderly or disabled person for personal or monetary benefit. This includes taking Social Security or SSI (Supplemental Security Income) checks, misusing a joint checking account, or taking property and other resources.
Most states have an Adult Protective Services (or comparable) agency or department that investigates reports of elder abuse and assists with preventing and stopping elder abuse—including abuse in nursing facilities and assisted living facilities. Elder abuse may be prosecuted as a criminal offense under applicable state law (assault, battery, sexual assault, theft, identity theft, etc.). And some states have specific statutes that provide increased penalties for the abuse or exploitation of elderly persons.
In New Jersey, elder abuse is recognized as a serious issue and is addressed through various statutes and regulations. The state defines elder abuse to include physical abuse, sexual abuse, emotional abuse, neglect, abandonment, and financial exploitation of individuals aged 60 and older. New Jersey's Adult Protective Services (APS), under the Division of Aging Services, is responsible for investigating and responding to reports of elder abuse. APS works to ensure the safety and well-being of vulnerable adults. New Jersey law also provides for increased penalties for crimes against the elderly, recognizing the particular vulnerability of this population. Financial exploitation, which involves the illegal or improper use of an elder's funds, property, or assets, is also covered under New Jersey law. Perpetrators can include caregivers, family members, or any individuals who misuse an elderly person's resources. Elder abuse can be prosecuted under various criminal statutes, including assault, battery, and theft, and the state may impose enhanced penalties for offenses committed against older adults. It is important for anyone suspecting elder abuse to report it to the appropriate authorities to ensure that the elder receives protection and the abuser is held accountable.