Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Elder abuse law covers the legal protections, remedies, and enforcement mechanisms available to older adults who experience harm, neglect, or exploitation. In Brooklyn, which is part of New York City and Kings County, elder abuse matters can involve criminal prosecution, civil lawsuits, protective orders, adult services interventions, and administrative complaints against care facilities. The goal of these laws and systems is to stop ongoing harm, hold wrongdoers accountable, restore lost assets when possible, and protect the safety and autonomy of the older adult.
Common categories of elder abuse include physical abuse, sexual abuse, emotional or psychological abuse, neglect and abandonment, and financial exploitation. Cases may arise in private homes, assisted living or nursing facilities, hospitals, day programs, or in the context of caregiving and financial relationships.
You may need a lawyer if you or a loved one is facing elder abuse or suspected exploitation. A lawyer can explain rights and options, represent you in court, pursue civil claims for money damages or restitution, help obtain protective orders, challenge or defend guardianship and power-of-attorney issues, and coordinate with criminal prosecutors if the case involves suspected crimes.
Situations where legal help is commonly needed include suspected financial exploitation by a relative or advisor, serious physical harm or ongoing neglect in a care setting, disputes over guardianship or conservatorship, misuse or revocation of powers of attorney, denial of medical decision-making rights, and cases where you need to compel a facility to provide adequate care or to remove an abusive caregiver.
A lawyer can also assist with immediate protective steps - for example, seeking an emergency order in court, arranging for a medical or welfare check through Adult Protective Services, or advising on how to secure bank accounts and important documents while an investigation is underway.
Brooklyn is governed by New York State law and New York City local systems. Key aspects to understand include the following.
Criminal law - Acts that injure, sexually assault, steal from, or unlawfully restrain an older person can be prosecuted under New York criminal statutes. In many cases alleged elder abuse will be handled by the Kings County District Attorney's Office or by the NYPD depending on the circumstances.
Civil law - Victims can bring civil claims for assault, battery, negligence, intentional infliction of emotional distress, conversion, fraud, breach of fiduciary duty, and other claims to recover damages or to force a change in caregiving arrangements.
Protective orders and family court - In some circumstances, family or criminal courts can issue orders of protection or other court directives that limit contact, require the return of property, or mandate other protections for the elderly person.
Adult Protective Services and municipal agencies - New York City operates Adult Protective Services (APS) through the Human Resources Administration for single adults who are vulnerable, and the NYC Department for the Aging provides information and resources. APS can investigate reports, arrange emergency services, and make referrals to other supports.
Regulation and oversight of facilities - The New York State Department of Health regulates nursing homes and certain long-term care facilities. Complaints about care in regulated facilities can prompt administrative investigations and enforcement actions.
Financial protections - Banks, brokers, and regulated professionals are subject to state and federal rules about reporting suspected financial exploitation and may be required to take steps to protect the accounts of vulnerable adults.
Elder abuse includes physical harm, sexual abuse, emotional or psychological abuse, neglect or abandonment, and financial exploitation. It may be an intentional act or the result of neglect or failure to act by a caregiver or institution.
If someone is in immediate danger call emergency services. For non-emergencies, you can report suspected abuse to the NYPD, the Kings County District Attorney's Office, New York City Adult Protective Services, or the facility regulator if the abuse involves a nursing home or other licensed care setting. You can also contact local elder advocacy programs and legal service providers.
Not always. Reporting starts an investigation and may lead to criminal charges, protective orders, or administrative actions. In some cases law enforcement or APS can arrange emergency interventions or notify facility administrators who must take protective steps. A lawyer can help request immediate court orders when necessary.
Yes. Physical assault, sexual assault, theft, fraud, and other criminal acts can result in prosecution. Whether charges are filed depends on evidence and prosecutorial discretion. Civil claims and criminal prosecutions are separate - a civil lawsuit may proceed even if criminal charges are not filed.
Victims may bring lawsuits seeking compensation for physical and emotional injuries, financial losses, and punitive damages in some cases. Courts can also order the return of stolen property, restitution, and injunctive relief such as restraining orders or directives to stop harmful conduct.
Guardianship and power of attorney give someone authority to make decisions for an older person. If the guardian or attorney-in-fact is suspected of abusing that power, they can be removed or their authority limited through court proceedings. Challenging or altering these arrangements is a legal process that usually requires a lawyer.
Statutes of limitations vary by the type of claim and the facts of the case. Time limits can be short for certain claims, so it is important to consult an attorney promptly to preserve legal rights and gather evidence.
Medical records, photographs of injuries or living conditions, financial records showing suspicious transactions, emails or texts, witness statements, facility incident reports, and documentation of lost assets are all valuable. Preserve originals and take notes about dates, times, and who was present.
Yes. Family members can bring civil claims against relatives if there is harm or financial exploitation. Many cases also involve difficult family dynamics, so lawyers often work to document facts carefully and pursue the strongest legal theory available.
Look for attorneys with experience in elder law, elder abuse litigation, consumer fraud, or personal injury. Contact the Brooklyn Bar Association Lawyer Referral Service, Legal Services NYC, or other local legal aid programs to learn about free or low-cost representation. Some private attorneys take cases on contingency where they are paid from recovered funds; others charge hourly or flat fees. Ask about fees and payment arrangements during the first consultation.
New York City Adult Protective Services - investigates reports of abuse and neglect of vulnerable adults and can arrange emergency services.
Brooklyn (Kings County) District Attorney's Office - has units that handle elder abuse and financial exploitation cases.
New York State Office for the Aging - provides statewide information, local guides, and programs that assist older New Yorkers.
New York State Department of Health - handles complaints and oversight for nursing homes and long-term care facilities.
New York State Attorney General - has consumer protection and elder abuse initiatives and can investigate schemes aimed at older adults.
Legal Services NYC - offers elder law assistance and may provide representation for eligible clients.
Brooklyn Bar Association - offers lawyer referral services and resources for finding an experienced attorney.
Local Area Agencies on Aging and senior centers - provide community-based resources, support, and referrals.
National organizations with local presence - these may include advocacy and support groups focused on elder rights and prevention of elder abuse.
If you suspect immediate danger call 911. If the situation is not an emergency, consider these practical next steps:
- Preserve safety first. Move the older person to a safe place or arrange for emergency services if needed. Document injuries and unsafe conditions with photos and notes - record dates, times, and witnesses.
- Report the concern. Contact Adult Protective Services, the police, the Kings County District Attorney's Office, or the appropriate facility regulator if the abuse involves a care setting.
- Seek medical care and obtain records. Medical documentation is often critical for evidence and for the person’s health and wellbeing.
- Secure financial records. Contact banks and financial institutions to report suspected exploitation. Ask about freezing accounts or placing alerts while the situation is investigated.
- Consult a lawyer. Reach out to local elder law attorneys, legal aid services, or the Brooklyn Bar Association for a consultation. Bring all documentation to the meeting and ask about possible civil remedies, protective orders, and next legal steps.
- Consider temporary protective measures. A lawyer can advise about emergency court orders, temporary guardianship if decisively needed, or other legal tools to stop ongoing harm.
- Use community supports. Agencies for aging, senior centers, and nonprofit advocacy groups can help with practical needs, counseling, and long-term planning.
Taking timely action increases the chance of stopping abuse, recovering losses, and protecting the future wellbeing of the older adult. Seeking legal help early helps preserve evidence, clarifies options, and coordinates remedies across criminal, civil, and administrative systems.
