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Legal Aid
Legal Services Providers
All Area Agencies on Aging fund legal assistance to provide access
to the system of justice to residents 60 years of age and older
who have a legal problem which falls within the priorities established
for the program. Under the supervision of a lawyer, legal advice,
assistance, and/or representation is provided in order to protect
and secure the rights of older persons. Legal assistance is provided
in priority areas, such as public entitlements, planning/protecting
autonomy, heath care/long term care, family/domestic, housing/utilities,
individual rights and consumer issues. Preference for service is
given to individuals with the greatest social and economic need.
Community legal education which benefits a large number of clients
is an important component of the legal program. For additional information contact the Area Agencies on
Aging at 1-877-222-3737.
Money Management
The Money Management Program is a bill paying service developed by AARP and coordinated by the New Jersey Division of Aging and Community Services. The goal of the service is to provide guidance and non-intrusive bill paying assistance to maximize client independence. It provides older or disabled people with volunteer assistance in budgeting, processing of routine bills, check writing, managing financial matters and/or reconciling bank accounts.
Fully trained and screened volunteer bill payers are matched by the program coordinator with clients in need of service. They set up a budget, organize bills and prepare checks for the client's signature. Volunteer monitors regularly review volunteer bill payer reports, comparing them with the established budget, bank statements and canceled checks.
In New Jersey, the following counties have this program: Atlantic, Bergen, Burlington, Camden, Cumberland, Hunterdon, Monmouth, Morris, Ocean, Somerset, Sussex and Warren. Gloucester and Salem Counties will be opening programs during 2011.
To find an MMP in your county, click here.
For additional information contact the Area Agencies on Aging at 1-877-222-3737.
Adult Protective Services Program (APS)
This program helps NJ residents 18 years of age or older who lack
the capacity to understand their circumstances and cannot protect
themselves. Trained workers from APS programs in each county respond
to requests for help by making a personal visit and finding ways
to reduce the risk of harm. Every effort is made to maintain people
in their own homes. To find out what agency provides Adult Protective
Services in your county, call 1-800-792-8820 or 609-943-3437. This
program is administered by the Division of Aging and Community Services,
NJ Department of Health and Senior Services, PO Box 812, Trenton,
NJ 08625-0812.
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Rights of Grandparents
Visitation Rights - Under the law, grandparents have the right to visit with their grandchildren. Should this right be denied, a grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of the Court, for an order for visitation. To make application to the court for visitation, the grandparent(s) should have the assistance of an attorney. For additional information, persons 60 or over should contact his/her Area Agencies on
Aging at 1-877-222-3737.
The NJ Department of Human Services has available information for grandparents who take on a parenting role or have issues regarding child visitations. To request information, please contact the Kinship Navigator Program, NJ Department of Human Services, PO Box 716, Trenton, NJ 08625-0716, telephone toll-free 1-877-816-3211.
Kinship Navigator - Through the Kinship Navigator program, the NJ Department of Human Services offers a variety of support services and financial aid that helps kinship caregivers identify available resources and then advocates on their behalf to access those services.
By dialing 2-1-1, eligible Kinship caregivers can get help addressing immediate problems, and they will also be referred to a local Kinship agency that will work with caregivers to access additional services.
To learn more about how assistance is available to help navigate through the various governmental systems providing services, which includes grandparenting, child care, educational issues and more, please contact the Kinship Navigator Program, NJ Department of Human Services, PO Box 716, Trenton, NJ 08625-0716, telephone toll-free, 1-877-816-3211.
Family Leave Insurance
On May 2, 2008 New Jersey’s family leave insurance bill was signed into law. This family leave program permits up to six weeks of paid family leave insurance benefits for workers taking leave to provide care certified to be necessary for a sick family member or to care for a newborn or newly adopted child.
For more information call the New Jersey Department of Labor and Workforce Development 609-292-7060 or write to the Division of Temporary Disability Insurance, PO Box 387, Trenton, NJ 08625-0387, http://lwd.dol.state.nj.us/labor/fli/fliindex.html.
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Criminal Justice
Criminal Injuries Compensation Act - Older Crime Victims
For persons who are victims of violent crimes who have suffered personal injuries and are at least 60 years of age or disabled, there is no minimum out-of-pocket loss required before seeking compensation. However, in no case shall the amount of compensation exceed the limit established by regulations.
To file a complaint, or to obtain additional information, contact your County Prosecutor, or the Victims of Crime Compensation Office, 50 Park Place, Suite 1010, Newark, NJ 07102, telephone 973-648-2107, or call the agency's toll-free telephone number 1-877-658-2221.
Homeland Security and Preparedness
The Mission of the Office of Homeland Security and Preparedness is to administer, coordinate, lead and supervise New Jersey's counter-terrorism and preparedness efforts. The office coordinates emergency response efforts across all levels of government, law enforcement, the emergency management and response community, nonprofit organizations, the private sector and other jurisdictions as necessary, to protect the people of New Jersey. This office comprises the state Office of Counter-Terrorism and the New Jersey Domestic Security Preparedness Task Force.
Homeland Security information is available from the New Jersey Office of Homeland Security & Preparedness, P.O. Box 091, Trenton, NJ 08625-0091, 24-Hour Reporting number 1-866-4-SAFE-NJ (1-866-472-3365) or 609-584-4000, www.state.nj.us/njhomelandsecurity.
Identity Theft - Information and Assistance
The federal government reports that identity theft is the fastest-growing financial crime. The crime usually involves the interception of personal financial data or the fraudulent acquisition of credit cards or other financial products in another person's name. Protecting consumers from crimes of identity theft has become a major law enforcement challenge. Measures have been put into place that enable agencies to combat these crimes and other remedies.
If you believe you are the victim of identify theft, report the crime to your local police department.
For additional information on how to file a complaint and what to do if you believe you are the victim of identity theft, contact the New Jersey Division of Consumer Affairs at 1-800-242-5846.
Domestic Violence - Hotline
Information and referrals in areas of concern for women is provided
through a bilingual statewide 24-hour, seven day a week toll-free
telephone line. The telephone line is accessible to the hearing
impaired. The U.S. Department of Justice, NJ Department of Law and
Public Safety and the NJ Department of Community Affairs, Division
on Women provides (609-292-8840) funds. For assistance contact Women’s Referral Central at 1-800-322-8092 or the NJ statewide domestic violence hotline at 1-800-572-7233.
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Discrimination
Medicaid Qualified Applicants
The NJ Law Against Discrimination prohibits
discrimination against Medicaid qualified applicants and patients
by NJ skilled nursing homes/intermediate care facilities accepting
Medicaid. Nursing homes participating in the NJ Medicaid program
are not allowed to deny admission to Medicaid qualified applicants
when a bed becomes available and when that nursing home is below
the Statewide Occupancy Level. And, even if the facility should
cease to be a Medicaid provider, it may continue to provide skilled
nursing/intermediate care services to those of its patients who
are currently/prospectively Medicaid qualified, without being required
to admit any new qualified applicants. In addition, there is to
be no solicitation, charge, or acceptance of any sum of money, gift,
donation, or other consideration, as a condition of admitting a
Medicaid applicant, or as a condition of such person's continued
stay. Any person found in violation of these provisions shall be
guilty of a crime in the third degree, and shall also be civilly
liable to the paying individual and to the State of New Jersey.
Further information is available from the Division of Medical
Assistance & Health Services, NJ Department of Human Services, PO
Box 712, Trenton, NJ 08625-0712, telephone 1-800-356-1561 or 609-588-3828
if calling from out-of-state.
Mandatory Retirement/Employment Age
No state, county, or municipal governmental entity may discriminate
against job applicants because of age; but bona fide occupational
age qualifications may be established. Nothing shall prevent
an employer from refusing to accept for employment, or to promote,
any person over 70 years of age. An employer may require the retirement
of an employee who, for the two-year period immediately before retirement,
is employed in a bonafide executive or high policy-making position
if that employee is entitled to an immediate non-forfeitable annual
retirement benefit which equals in the aggregate at least $27,000. Division on Civil Rights Hotline
1-800-830-0647.
Enforcement
The Division on Civil Rights, NJ Department of Law & Public Safety,
has responsibility for the enforcement of New Jersey's age discrimination
law. The Division on Civil Rights offices and the counties they
serve are as follows:
Atlantic City Office
(Atlantic, Cape May, Cumberland, Salem)
26 Pennsylvania Avenue
Atlantic City, NJ 08401
609-441-3100
Camden Office
(Burlington, Camden, Gloucester)
One Port Center
2 Riverside Drive, Suite 402
Camden, NJ 08103
856-614-2550
Jersey City Neighborhood Office
Walk-in Office Only
Hudson County Housing Resource Center
574 Newark Avenue, 3rd Floor
Jersey City, NJ 07306
Newark Office
(Essex, Hudson, Parts of Middlesex, Union)
31 Clinton Street, 3rd Floor
Newark, NJ 07102
973-648-2700
Patterson Office
(Bergen, Morris, Passaic, Sussex, Warren)
100 Hamilton Plaza, 8th Floor
Paterson, NJ 07505
973-977-4500
Trenton Office
(Hunterdon, Mercer, Parts of Middlesex, Monmouth, Ocean, Somerset)
140 E. Front Street, 6th Floor
Trenton, NJ 08625-0090
609-292-4605 or 4606
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Elder Advocacy
Public Advocate
The Department of the Public Advocate was first created in 1974, was abolished in 1994 and restored again in 2005. In 2010 the Department of the Public Advocate was once again abolished. The Corrections Ombudsperson, the Division of Rate Counsel, the Division of Elder Advocacy, the Ombudsperson for the Institutionalized Elderly, the Dispute Settlement Office and the Division of Mental Health Advocacy were retained and transferred to other departments.
Reports of Abuse - The Ombudsman's Office should be notified when an individual suspects:
the rights of a resident or patient have been grossly violated;
a resident or patient is not receiving proper care; a resident or
patient has been physically, verbally, or emotionally abused; or
a resident or patient has been financially exploited. The telephone
number is 1-877-582-6995 or 609-943-4023 if calling from out-of-state.
Assaults Upon Institutionalized Elderly
A person committing an assault upon an institutionalized elderly
person is guilty of a crime. Any person, who has reasonable cause
to suspect or believe that an institutionalized older person is
being/has been abused or exploited, shall report such information
to the Office of the Ombudsman for the Institutionalized Elderly
in a timely manner. Persons failing to make such a report are subject
to a fine pursuant to the penalty enforcement law. Investigation
of complaints of alleged assaults will be made by the Office of
the Ombudsman and, if warranted, complaints will be forwarded to
the County Prosecutor for action.
For further information, contact the Office of the Department of Public Advocate Ombudsman for the Institutionalized Elderly, PO Box 852, Trenton, NJ 08625-0852. To lodge a complaint, telephone, toll-free, 1-877-582-6995 or 609-943-4023 if calling from out-of-state.
Bill of Rights
The State Legislature declared that for the well being of all residents
or patients within facilities in the State, a bill of rights was
required. These rights are listed in the Nursing Home and the Boarding
Home Residents' Bill of Rights. All residents should receive a copy
at the time of their admission. Copies can also be obtained by contacting
the Department of Public Advocate Ombudsman for the Institutionalized Elderly, PO
Box 852, Trenton, NJ 08625-0852, telephone, toll-free, 1-877-582-6995 or 609-943-4023 if calling from out-of-state.
Hospital Abuse
All reports of abuse of persons age 60 or older who are in an acute care hospital should be referred to the NJ Department of Health & Senior Services at 1-800-792-9770 or 609-292-9900 if calling from out-of-state.
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Guardian/Conservator
Responsibilities to Nursing Home
Residents
In the event of impending exhaustion of funds paid by a fiduciary
(defined as a guardian, a trustee acting under a will, or a non-testamentary
trustee as set forth in N.J.S.A. 3B:17-9) to a nursing home care
facility for the provision of care to a resident age 65 or older,
the fiduciary shall give written notice at least 90 days in advance
of such impending exhaustion. Such notice shall be in writing to:
- The resident concerned, and his/her next of kin, or designated
responsible party;
- The particular nursing home facility and any other agency concerned.
Following such notification, should the fiduciary or resident encounter
a problem with the resident remaining in the nursing home care facility,
the fiduciary or resident should contact the Department of Public Advocate Ombudsman for the Institutionalized Elderly at 1-877-582-6995 or 609-943-4023, regarding the rights
of the resident.
Office of the Public Guardian for Elderly
Adults
The Office of the Public Guardian (OPG) for Elderly Adults is appointed guardian by the New Jersey Superior Court when there is no willing or appropriate family or friend to become the guardian of an incapacitated person 60 years of age or older. The OPG is usually appointed plenary guardian of both person and property. In this capacity, OPG addresses all the physical and mental health and property issues of the ward.
As guardian, the OPG works with the ward as much as he or she is able in order to have input into their decision-making process. For example, the OPG attempts to keep the ward in the least restrictive living environment as possible, utilizing both private and public assistance as appropriate.
At the request of the court the OPG can also serve as an elderly adult conservator. A conservator works on a voluntary basis with the elderly person to administer their property and finances.
The OPG also administers the Professional Guardian Registration Act. Under this law, the OPG oversees the registration process for guardians, maintains a directory of registered professional guardians, and conducts training, and monitors on a sampling basis the registered guardians performance.
The OPG also receives numerous telephone calls about guardianship and other elder issues and assists the public on those issues.
For information on public guardianship or its programs contact the Office of the Public Guardian for Elderly Adults, PO Box 812, Trenton, NJ 08625-0812, telephone 609-341-5555.
Private Conservators
In the event that there are responsible adults willing to serve
as guardians or conservators for persons, who by reason of advanced
age, illness or physical infirmity, have become unable to manage
their property, or unable to provide for themselves or others dependent
upon them for support, they may be appointed by the courts to serve
in such a capacity.
For information on the appointment of private conservators, contact
your County Surrogate.
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Consumer Facts for New Jersey's Older Citizens
The New Jersey Division of Consumer Affairs was established in 1971 to protect the consumers of New Jersey from dishonest and unscrupulous practices. The Division is responsible for administering and enforcing the New Jersey Consumer Fraud Act that protects your rights before, during and after purchasing a product or service. A unit within the division is dedicated solely to investigating fraud against the elderly. Often New Jersey’s older citizens are the intended victims of various types of fraud, scams and other unscrupulous practices.
The division’s handbook “New Jersey Division of Consumer Affairs Senior Fraud Education and Protection Program (Senior FED•UP)” offers advice and provides information that will help you to make informed decisions and avoid becoming a victim of fraud. Also available are Consumer Alerts to educate consumers about emerging frauds and topics that affect their daily lives.
For copies of the consumer publications and more information about your safety and consumer rights, please contact the New Jersey Department of Law and Public Safety, Division of Consumer Affairs, PO Box 45027, Newark, NJ 07101, telephone toll-free senior hotline 1-877-746-7850.
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Credit Cardholder’ Bill of Rights
The Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 took effect on Feb. 22, 2010. The Credit Cardholder’ Bill of Rights protects consumers from predatory and unfair lending practices. This national law strengthens consumer protections for those who use credit cards. Credit card contract terms must be disclosed in language that consumers can see and understand so they can avoid unnecessary costs and manage their finances. The reform is a part of increasing consumer protections-protections against deceptive and complex rules, form sudden rate hikes to hidden fees. These rules are an important step in consumer protections and will help create a more fair, transparent and simple consumer credit market.
For additional information contact the Jersey Department of Law and Public Safety, Division of Consumer Affairs, PO Box 45027, Newark, NJ 07101, telephone toll-free 1-800-242-5846 or 973-504-6200, www.NJConsumerAffairs.gov.
For more information about the CARD Act or to learn how and where to file a complaint about your card issuer, call toll-free at 1-888-851-1920 (TTY: 1 877-766-8533) or go to the web site of the Federal Reserve at www.FederalReserve.gov/creditcard.
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Fire and Burn Safety for Senior Citizens
The Department of Community Affairs is committed to helping people
and communities to help themselves. Within the department is the
Division of Fire Safety that serves as the central focus for the
State's Fire Service community and the public in all matters relating
to fire safety. The Division's responsibilities include the development
and enforcement of the State Uniform Fire code, public education
programs and firefighter training programs. Senior citizens are
especially vulnerable to fire and suffer twice as many fire deaths
as the general population. More than half of all fires can be prevented
through a combination of fire prevention education and appropriate
corrective action. The Division's booklet "Fire & Burn Safety for
Senior Citizens" focuses on providing fire prevention instructions
in areas of major concern to the elderly.
For a copy of the booklet or general information, contact the Department
of Community Affairs, Division of Fire Safety, PO Box 809, Trenton,
NJ 08625-0809, 609-633-6071.
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Predatory Lending
Predatory Lending means any type of abusive lending practice where the lender benefits through unworthiness, deceit, misrepresentation, bad faith, or dishonesty. Predatory lending typically involves at least one, and perhaps all three, of the following elements:
- making unaffordable loans based on the assets of the borrower, rather than on the borrower's ability to repay an obligation ("asset-based lending")
- inducing a borrower to refinance a loan repeatedly in order to charge high points and fees each time the loan is refinanced ("loan flipping")
- engaging in fraud or deception to conceal the true nature of the loan obligation from an unsuspecting or unsophisticated borrower.
Be sure to review documents prior to signing them. If any of the loan terms differ from what was previously discussed or provided make sure you understand why any changes in terms and conditions have been made.
It pays to shop around when looking for a mortgage loan. Different lenders will offer different terms, have different requirements, and offer varying levels of service. Be sure to work with a licensed lender.
For information on reverse mortgages see our companion publication Federal Benefits for Older Persons.
If you think you may have been the victim of unfair practices, you can file a complaint with the New Jersey Department of Banking and Insurance (NJDOBI) by calling 1-800-446-7467, or contact Legal Services of New Jersey (LSNJ) at 1-888-576-5529. LSNJ provides free legal help to low-income homeowners who are victims of predatory mortgage lending. For additional information visit the Anti-Predatory Lending project website www.lsnjlaw.org.
New Jersey Predatory Annuities Prevention Law
The Predatory Annuities Prevention Law protects vulnerable consumers from predatory annuity sales. The senior population is very dependent on their investments, yet susceptible to disingenuous investment practices. The law seeks to protect seniors from dangerously risky annuities and deceptive practices that lead a vulnerable population to lose much of their hard-earned savings.
Protecting residents from receiving bad advice from bogus advisors is essential. The predatory annuities prevention law provides certain requirements for marketing, information disclosure and product suitability. The law prohibits those who sell annuities from falsely representing their expertise on marketing material. Annuities salespersons are required to clearly outline the important facts of the purchase to the buyer, the investment objectives as well as contract terms.
For further information of Predatory Lending or Predatory Annuities Prevention Law, please contact New Jersey Department of Banking and Insurance, 20 West State Street, PO Box 325, Trenton, NJ 08625, telephone, toll-free, 1-800-446-7467 or 609-292-7272, www.state.nj.us/dobi.
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