Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Civil Financial Exploitation
N.J. Stat. § 52:27D-407 (2022)

TITLE 52.  STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
SUBTITLE 3.  EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS, OFFICERS AND EMPLOYEES 
CHAPTER 27D.  DEPARTMENT OF COMMUNITY AFFAIRS 
 LOCAL GOVERNMENT EDUCATION PROGRAM
§ 52:27D-407. Definitions

“Exploitation” means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.


“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.
Civil Elder Abuse
N.J. Stat. §§ 52:27D-406 through 52:27D-426 (2017)

N.J. Stat. § 52:27D-407  (2017)

Title 52.  State Government, Departments and Officers  Subtitle 3.  Executive and Administrative Departments  Chapter 27D.  Department of Community Affairs  Article 9.  Department of Community Affairs Act

"Abuse" means 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.

"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.