Best Elder Abuse Law Lawyers in Buffalo

About Elder Abuse Law in Buffalo, United States

Elder abuse law covers legal protections and remedies for older adults who experience physical abuse, emotional abuse, sexual abuse, neglect, or financial exploitation. In Buffalo, New York, these matters are handled under a combination of state criminal statutes, civil remedies, administrative regulations for long-term-care facilities, and county-level protective programs. If you suspect an older person is being harmed or exploited, the law provides both emergency interventions and longer-term legal options to protect the person and seek recovery of losses.

Why You May Need a Lawyer

People commonly seek lawyers for elder abuse matters for these reasons:

- To evaluate whether the situation is criminal, civil, or both and to explain possible legal remedies.

- To help stop ongoing abuse or exploitation quickly - this may include obtaining court orders, arranging guardianship, or working with law enforcement.

- To pursue financial recovery when a family member, caregiver, trusted advisor, or institution misappropriates money, property, or benefits.

- To challenge or defend against inappropriate guardianships, conservatorships, or changes to powers of attorney and wills.

- To handle complaints about nursing homes, assisted living facilities, or home care agencies and to pursue administrative or civil claims for neglect.

- To coordinate needed services and legal protections - including working with Adult Protective Services, ombudsmen, or federal and state benefit programs.

Local Laws Overview

Key local and state laws and systems that relate to elder abuse in Buffalo include:

- New York State criminal statutes - Physical abuse, sexual abuse, and many forms of exploitation can also lead to criminal charges under state law. Local prosecutors and law enforcement investigate and charge offenses when criminal conduct is suspected.

- Civil remedies - Victims can bring civil lawsuits seeking monetary damages for personal injury, emotional harm, fraud, breach of fiduciary duty, or conversion of assets. Civil courts can also issue injunctions and other equitable relief.

- Adult Protective Services (APS) - Erie County and the State of New York operate APS programs that receive and investigate reports of abuse, neglect, or exploitation of vulnerable adults. APS can arrange protective services and referrals.

- Long-term care oversight - Nursing homes and other licensed facilities are subject to state health department regulations, mandatory reporting rules, and review by the Long-Term Care Ombudsman and the Justice Center when abuse or neglect by facility staff is alleged.

- Powers of attorney and guardianship - Financial exploitation often involves misuse of powers of attorney or fiduciary roles. New York provides tools such as power-of-attorney documents and court-ordered guardianships, while also providing procedures to challenge misuse through the courts.

- Local resources - Erie County Department of Senior Services, the Buffalo Police Department, local prosecutors, and legal aid programs play important roles in investigations, referrals, and legal assistance.

Frequently Asked Questions

What counts as elder abuse in Buffalo?

Elder abuse can include physical harm, emotional or psychological abuse, sexual abuse, neglect or abandonment, and financial exploitation. It can be committed by family members, caregivers, facility staff, service providers, or others in a position of trust. The context and the victim's vulnerability determine the appropriate legal response.

Who is considered an elder for purposes of reporting and services?

Definitions vary by program. Many elder services define an elder as someone age 60 or older, but some protections and Adult Protective Services respond to vulnerable adults of various ages who have impairments. Ask the agency you contact how they define eligibility.

How do I report suspected elder abuse in Buffalo?

For immediate danger or a crime in progress call 911. For non-emergencies, you can report to Erie County Adult Protective Services, the Buffalo Police Department, or the facility administrator if the issue involves a nursing home. You can also contact the local long-term care ombudsman or the state adult protective services office to make a report.

Will the older person lose control of their finances if I report abuse?

Reporting abuse does not automatically remove the elder's control of finances. Agencies will investigate and recommend protective actions where necessary. In some cases, temporary or permanent guardianship or the suspension of a power of attorney may be sought through the court, but those are distinct legal steps that require court review.

Can I press criminal charges and sue civilly at the same time?

Yes. Criminal prosecution is brought by the state and seeks punishment, while civil suits are brought by the victim or representative seeking compensation or other remedies. These processes can proceed concurrently, though timing and evidence-sharing may require coordination between prosecutors and private counsel.

What evidence helps an elder abuse case?

Useful evidence includes medical records and photos of injuries, financial records and bank statements showing unusual transactions, written communications, witness statements, video or audio recordings, care notes from facilities, and any relevant legal documents such as powers of attorney or guardianship papers. Preserve originals and make copies.

Are nursing home residents protected from abuse?

Yes. Nursing homes and assisted living facilities are regulated by state laws and have reporting and investigation obligations. Residents also have protections through the long-term care ombudsman program and may pursue civil or administrative complaints. If staff perpetrate abuse, both civil claims against the facility and criminal charges may apply.

What immediate steps should I take if I suspect financial exploitation?

- Contact the bank or financial institution to report suspicious transactions and request a hold if possible.

- Gather account statements, checkbooks, receipts, and other documents showing questionable activity.

- Report to Adult Protective Services and law enforcement.

- Consult an attorney experienced in elder abuse and financial exploitation to assess civil remedies and possible recovery options.

How long do I have to file a civil claim for elder abuse or exploitation?

Time limits vary based on the type of claim - personal injury, fraud, breach of fiduciary duty, or conversion may each have different deadlines. New York statutes of limitation can be strict, so consult an attorney promptly to protect legal options.

How do I choose the right lawyer for an elder abuse matter?

Look for attorneys experienced in elder law, elder abuse litigation, financial exploitation cases, or nursing home litigation. Ask about their experience with criminal and civil cases, familiarity with local agencies and courts in Buffalo and Erie County, fee structures, and client references. Many lawyers offer an initial consultation to discuss options and fees.

Additional Resources

Below are types of local and state resources that can help when elder abuse is suspected. Contact the relevant agency for specific procedures and assistance.

- Erie County Adult Protective Services or the county department that handles reports of abuse and neglect.

- Erie County Department of Senior Services - for community supports and referrals.

- Buffalo Police Department and local law enforcement - for suspected crimes or emergencies.

- New York State Office for the Aging - for information on elder abuse prevention and local programs.

- New York State Long-Term Care Ombudsman Program - to advocate for nursing home and assisted living residents.

- New York State Attorney General - Office for resources and reporting on elder fraud and exploitation.

- Local legal aid organizations and bar association lawyer referral services - for free or low-cost legal help and lawyer referrals.

- National and statewide elder abuse organizations for information and education - for example, advocacy groups and national hotlines.

Next Steps

If you suspect elder abuse in Buffalo take these steps in order:

- If the elder is in immediate danger call 911 right away.

- Document concerns - note dates, times, what you observed, and preserve any relevant documents, photos, medical records, and financial statements.

- Report the situation to Adult Protective Services and local law enforcement or the facility administrator if a residence or nursing home is involved.

- Contact a lawyer experienced in elder abuse to discuss civil and legal options, and to help coordinate with APS and law enforcement.

- Reach out to the long-term care ombudsman if the elder is in a nursing home or assisted living setting.

- Secure important documents - locate wills, powers of attorney, bank and brokerage statements, and insurance papers. Provide copies to your attorney.

- If financial institutions are involved, notify banks and creditors to try to freeze accounts or stop questionable transfers.

- Keep lines of communication open with medical providers, caregivers, and any involved family members while prioritizing the elder's safety and wishes.

Acting quickly helps preserve evidence and legal options. An attorney can explain specific steps for court filings, protective orders, guardianship petitions, or civil suits based on the facts of the case.