QUESTION
My 64-year-old brother - a Viet Nam veteran - was assaulted injured by another group home resident. Yes, witnesses. Police not called. File charges?
Asked on Jun 06th, 2012 on Elder Law - New Jersey
More details to this question:
Brother is 100% disabled, under Veterans Admin care. I have been his POA & health care proxy for 12 yrs. NJ group home contract states, "Physical violence, threats, theft of property belonging to other residents or staff is grounds for immediate eviction;" all residents must sign this. Assault unprovoked. Assaulter is NOT a veteran, is on psych medication and in daily ''senior day care'' treatment at a northern NJ County med center. Assaulter has history of bullying, reportedly evicted from this group home one or twice before. Group home operator took no action against assaulter.
Awaiting word on my brother''s injuries from his VA facility doctors; a possible concussion,nerve damage.
Question: As this occurred 6/3, should I file police report? Establish paper trail? Witnesses, house staff have confirmed details. Restraining order is pointless. Move him?
Question: File charges against group home operator with State Housing and Veterans Admin for dereliction of duty?
1 ANSWER
2 Awards
The person who assaulted your brother is obviously unwell, and is as much the victim here as your brother, so I'm not sure I would go with a police report. The person who assaulted your brother is clearly receiving the right medications, is in the wrong environment, needs a new treatment plan, or some combination of many things. The group home operator is at fault for allowing an unsafe environment to exist for your brother, and this may be actionable against the operator. You should consider civil litigation against the group home operator, as well as administrative reporting to the Office of the Ombudsman for the Institutionalized Elderly.
Answered on Jun 06th, 2012 at 5:39 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship