Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
New Jersey law provides reporting, investigative, and protective services for abused, neglected or exploited disabled and elderly adults. The law allows anyone and requires certain persons to make a report to the county adult protective services provider if they have reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation. The law defines relevant terms as follows:
“Abuse” means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services that are necessary to maintain a person’s physical and mental health.
“Exploitation” means the act or process of illegally or improperly using a person or his resources for another person’s profit or advantage.
“Neglect” means an act or failure to act by a vulnerable adult or his caretaker which results in the inadequate provision of care or services necessary to maintain the physical and mental health of the vulnerable adult, and which places the vulnerable adult in a situation which can result in serious injury or which is life-threatening.
“Vulnerable adult” means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect or exploitation. A person shall not be deemed to be the subject of abuse, neglect or exploitation or in need of protective services for the sole reason that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone or in accordance with a recognized religious method of healing in lieu of medical treatment, and in accordance with the tenets and practices of the person’s established religious tradition.
New Jersey’s statutes do not contain elder abuse specific criminal laws.
N.J. Stat. § 52:27D-406 through N.J. Stat. § 52:27D-426
https://law.justia.com/codes/new-jersey/title-52/section-52-27d-409/
https://law.justia.com/codes/new-jersey/title-52/section-52-27d-419/