Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Elder abuse law covers legal protections and remedies for adults who are vulnerable because of age, disability, illness, or cognitive decline. In Braintree, Massachusetts, these protections are shaped by both state statutes and local procedures. The law addresses different forms of abuse - physical, emotional, sexual, neglect, and financial exploitation - and provides criminal penalties, civil remedies, protective interventions, and reporting obligations for certain professionals. Local law-enforcement, county prosecutors, probate courts, adult protective services, and long-term-care oversight agencies all play roles in responding to alleged elder abuse.
People seek lawyers in elder abuse matters for several reasons:
- To obtain immediate protection for a vulnerable person - for example, emergency guardianship or restraining orders.
- To pursue civil claims for financial exploitation, theft, fraud, or breach of fiduciary duty by a caregiver, family member, or financial institution.
- To work with prosecutors or defend a person accused of abuse in criminal cases.
- To navigate probate and guardianship proceedings, including conservatorship, powers of attorney disputes, and capacity challenges.
- To address abuse, neglect, or rights violations in nursing homes and assisted living facilities, including administrative complaints and appeals under state nursing home regulations.
- To gather and preserve evidence, coordinate with medical and social service professionals, and negotiate settlements or restitution.
Key legal features relevant to elder abuse in Braintree include:
- Criminal statutes - Massachusetts law criminalizes physical assault, sexual abuse, and certain forms of neglect and exploitation. Perpetrators can face criminal charges brought by local police and the Norfolk County District Attorney.
- Mandatory reporting - Certain professionals such as healthcare workers, social workers, and nursing home staff have mandatory reporting duties to protective services or law-enforcement when they suspect abuse or neglect of an elderly or disabled adult.
- Adult Protective Services and state oversight - The Commonwealth provides protective services and investigations for vulnerable adults. Complaints about long-term care facilities are also handled through state regulatory processes and the long-term-care ombudsman program.
- Probate and guardianship - The Probate and Family Court in Norfolk County handles petitions for guardianship or conservatorship when an adult lacks capacity to manage personal or financial affairs. Courts can issue limited or full guardianships, and can appoint fiduciaries to protect assets.
- Civil remedies - Victims can bring civil suits for conversion, breach of fiduciary duty, fraud, or negligence to recover losses. Courts can order restitution, damages, and injunctive relief such as a restraining order or an accounting of financial transactions.
- Long-term-care regulations - Federal and state nursing home rules protect residents against abuse and neglect and require facilities to report and investigate incidents. Violations can lead to administrative penalties, corrective plans, or license actions.
Elder abuse includes physical harm, sexual abuse, emotional or psychological abuse, financial exploitation, neglect by a caregiver, and abandonment. It can occur in private homes, in institutions such as nursing homes, or through financial scams and abuse of legal powers like powers of attorney.
For immediate danger, call 911. For non-emergencies, contact the Braintree Police Department or the Norfolk County District Attorney's Office. You can also report concerns to the state adult protective services or the local elder services or area agency on aging for investigative and support services.
Yes. Under Massachusetts practice, many professionals - including medical staff, social workers, and long-term-care facility employees - have mandatory reporting obligations when they suspect abuse or neglect of an elderly or disabled adult. Family members and private citizens may also report concerns.
Immediate removal of a person or control over finances typically requires court action such as an emergency guardianship or temporary restraining order. A lawyer can help file the appropriate motions in Probate and Family Court to seek rapid intervention when there is serious and imminent risk.
Report the incident to the facility administration and to state long-term-care regulators. You may also contact the long-term-care ombudsman and the local police if there is a crime. An attorney can help pursue administrative complaints, civil claims, or work with prosecutors on criminal investigations.
Evidence can include bank and credit card records, cancelled checks, account statements, unusual transfers, inconsistent signatures, medical records showing incapacity, communications showing coercion, and witness statements. A lawyer experienced with elder financial abuse can help gather and preserve this evidence and work with forensic accountants if needed.
Guardianship is a court-created arrangement where a judge appoints someone to make personal or healthcare decisions for an incapacitated adult. A power of attorney is a private legal document where an individual names an agent to act for them while they still have capacity or as specified in the document. Courts can override or review powers of attorney if there is abuse or concern about capacity.
Time limits, called statutes of limitations, vary depending on the type of claim - for example, fraud, conversion, or breach of fiduciary duty - and whether the claim is against an individual or an institution. Because timelines can be limited and may depend on when the abuse was discovered, consult a lawyer promptly to protect legal remedies.
If the facts support criminal charges, prosecutors may bring criminal cases that can result in fines, probation, or jail time. Whether a criminal case is pursued depends on the strength of evidence, the prosecutor's assessment, and public safety considerations. Civil remedies and protective orders are separate avenues and do not require the criminal process.
Look for attorneys with experience in elder abuse, probate, guardianship, and elder financial exploitation matters. You can contact the local bar association, the Norfolk County Probate and Family Court clerk, the Executive Office of Elder Affairs for referrals, or regional legal aid and nonprofit organizations that focus on elder services. Schedule a consultation to discuss fees, experience, and approach.
Organizations and agencies that can help include:
- Braintree Police Department and local law-enforcement offices for emergency response and crime reporting.
- Norfolk County District Attorney's Office for criminal investigations and prosecutions.
- Norfolk County Probate and Family Court for guardianship, conservatorship, and related petitions.
- Massachusetts Executive Office of Elder Affairs for state-level programs, guidance, and reporting resources.
- The state long-term-care ombudsman for complaints about nursing homes and assisted living facilities.
- Local elder services and Area Agencies on Aging - for example, regional providers such as South Shore Elder Services - for support, advocacy, and care navigation.
- Legal aid organizations and elder law attorneys who handle civil claims, guardianship, and consumer protection matters.
- National and state abuse prevention centers and helplines for information on identifying and responding to elder abuse.
If you suspect elder abuse, consider these practical next steps:
- Ensure immediate safety - if the person is in immediate danger, call 911.
- Gather and preserve evidence - keep records such as medical reports, financial statements, photos of injuries, and any communications that suggest abuse or exploitation.
- Report the concern - contact local police for criminal behavior and adult protective services or the state elder services agency for a protective investigation.
- Contact a qualified elder law attorney - an attorney can explain legal options, help file for guardianship or protective orders, pursue civil claims, and coordinate with prosecutors if there is a criminal case.
- Use community supports - reach out to local elder services, the long-term-care ombudsman, and family support services to help with care planning and monitoring.
- Keep the person involved to the extent possible - respect the elder person’s preferences and capacity. When capacity is in question, consult professionals - medical, social work, and legal - to evaluate and protect the person’s interests.
Acting promptly can protect safety and preserve legal remedies. If you need help deciding what to do first, contact local authorities or a lawyer experienced in elder abuse matters in Braintree and Norfolk County.
