What is Passive Neglect?

Sophia Soraya

April 9, 2025

Passive neglect is a form of elder abuse where caregivers fail to provide essential care like food, shelter, or medical attention. Often unintentional, it stems from inexperience or lack of resources, but the effects can be severe, causing malnutrition, poor health, and emotional distress.

Passive neglect can happen in nursing homes, assisted living facilities, or private homes. Recognizing the signs and knowing legal options is key to protecting elderly loved ones. At Varcadipane & Pinnisi, P.C., we work to safeguard seniors and hold negligent caregivers accountable.

This article explores what is passive neglect, the different types of elder neglect, the serious consequences of inaction, and the steps you can take to report elder abuse and seek justice.

Types of Neglect Abuse

Elder neglect can take multiple forms, each affecting the physical, emotional, and financial well-being of older adults.

Passive Neglect

A caregiver unintentionally fails to meet an elderly person’s basic needs, such as food, water, hygiene, or medical care. This can happen due to lack of training, caregiver fatigue, or financial difficulties, leaving seniors in vulnerable situations where they do not receive the necessary attention for their health and well-being.

Willful Deprivation

Necessary medical care or assistance is deliberately denied, putting the senior at serious risk. This form of neglect is particularly dangerous as it is an intentional act that disregards the elderly person’s fundamental rights.

Self-Neglect

The elderly individual lacks the ability to care for themselves but does not seek or accept help. In many cases, seniors suffering from self-neglect may refuse outside assistance due to mental health issues, cognitive decline, or fear of losing independence.

Medical Neglect

Ignoring medical needs or withholding necessary treatment. This can lead to untreated infections, worsening chronic conditions, and preventable health complications that drastically affect a senior’s quality of life.

Financial Neglect

Failure to properly manage an elder’s finances, resulting in unmet care needs. When an elderly person’s financial assets are misused, they may be unable to afford essential medications, housing, or healthcare services, which can further contribute to their neglect.

According to NCOA, Passive neglect is a caregiver’s failure to provide an older adult with life’s necessities, including, but not limited to, food, clothing, shelter, or medical care. While there may be no malicious intent, the effects can be just as harmful as deliberate abuse. Elderly individuals experiencing passive neglect may suffer from malnutrition, dehydration, untreated medical conditions, and poor hygiene.

Consequences of Not Providing the Right Care to Elders

Neglect can severely impact an elderly person’s health and well-being. Many seniors depend entirely on caregivers, making neglect especially dangerous.

Physical Health Decline

Malnutrition and dehydration, leading to organ failure or weakened immunity.
Infections and untreated medical conditions, which can become life-threatening.
Increased risk of falls and injuries due to lack of supervision or poor living conditions.

Emotional and Psychological Suffering

Feelings of abandonment and depression, and increasing social isolation.
Severe anxiety and emotional distress, especially in cases where neglect is prolonged.

Legal and Financial Repercussions

Increased medical costs for families due to emergency hospitalizations.
Liability for caregivers and institutions that fail to meet legal caregiving standards.

What to Do if I Need to Report Elder Abuse?

Suspecting an elderly person is experiencing passive neglect or any form of elder abuse requires immediate action to protect their well-being. Here are the steps to take:

Contact Adult Protective Services (APS)

Every county in New Jersey has an Adult Protective Services (APS) program designed to investigate and address cases of abuse and neglect of vulnerable adults. They are equipped to receive complaints and take swift action when necessary.

Seek Legal Guidance

Consulting an elder abuse attorney is crucial if you believe legal action may be necessary. At Varcadipane & Pinnisi, P.C., we provide legal guidance and representation for families seeking justice in elder neglect cases.

Emergency Situations

Calling 911 is the fastest way to protect an elder in immediate danger. Law enforcement can intervene to prevent further harm.

Document Evidence

Documenting neglect through photographs, medical records, and witness statements strengthens the case and ensures accountability.

Protect Your Loved Ones from Passive Neglect

Understanding what passive neglect is and how it impacts elders is the first step in advocating for their well-being. If you suspect neglect in a nursing home or caregiving situation, acting quickly can make a world of difference.

For those affected families, taking legal action can often be the only path to securing justice and ensuring proper care for their elderly loved ones. Contact our attorneys at Varcadipane & Pinnisi, P.C. at (201) 588-1500 for legal guidance today.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

Let Us Fight For You

Need Help? Contact us 24/7

(800) 616-2916

New York & New Jersey Personal Injury & Litigation Lawyers

"These Lawyers are very very good. They help and we are very thankful. "

Horacio Ponce Client
"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

Greg Ortiz Client
"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

Jarrod Jacobs Client
"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

Girish Mehta Client
"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

Kung-Kuen Tse Client
"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

Nikiya Scott Client
"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

Tracy Ejerekhile Client
"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

Sarah Caprio Client
"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

Alvaro Quintero Client
"I want to thank you for the excellent representation offered, very professional and honest. "

Maria Petock Coelho Client
"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

William Klepper Jr. Business Referral
"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

Diane Rasa Client
"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

Matt Leone Client
"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

William Gulya Client
"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

Eddie Casola Client
"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

Sarah Weimer Client
"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

Chris Koinis Client
"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

Jacob Valentin Client
"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

Nelly Valentin Client
"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

Anne Weimer Client
"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

Laura P. Client
"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

Rob Freeborn Client
"Fabulous team of attorneys. Trustworthy, responsive and professional "

Jessica Larsen Client
"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

Geff Tirabassi Client
"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

Judith Bassford Client
"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

Daniel Valinoti Client
"Very professional firm to work with. WONDERFUL people. "

Meredith Casola Client
"Great courteous people awesome to deal with. "

Frank Casola Client
"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

Dan Pinnisi Friend
"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

Christopher Pinnisi Friend
"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

Helen Dittmeier Client
"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

Gigi Diaz Client
"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

Rob Scarcello Client
"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

Ghania Chohan Client
"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

Sandra Cherry Client
"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

Hanna Yafar Client
"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

Robert J. Client
"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

Rebecca Weimer Client
"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

Daniel Stanton Client
"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

Scott Harding Client
"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

Shirin Ghavami Client
"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

Shadee Barkan Client
"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

Mike Caprio Client
"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

Thomas Weimer Client
"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

Amani Hussein Client
"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

Felicia Pallatto Client
"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

Michael Gallucci Client
"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

Candra Morris Client
"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

John Young Client
"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

Danny Yook Client
"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

Korean Mohammed Client
"They are very good lawyers and they are very kind thanks for everything 😊😊 "

Gustavo Ramos Client
"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

Anthony Gardner Client
"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

Chelsey Mei Client
"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

Justin Leonard Client
"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

Vincent Herold Client
"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

Boris Shulman Client
"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

Bruce Huberman Client
"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

Michele Alpern Client
"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

Carlo Rebosio Client
"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

Juan Marin Client
"Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

East Coast Management Business Client
"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

Cheri Carlson Client
"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

Rick Pierce Client
"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

Jennifer Severino Client
"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

Kenneth Knebl Client
"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

Donna Hornby Client
"The VARCADIPANE & PINNISI, PC law firm solved my legal issue quickly and efficiently. I am especially pleased with the way the firm handles communication with their client. Thank you for such a great job. "

Latoya Hill-Campbell
"They were outstanding in every way and I couldn’t be more pleased! "

Ana Reuten Client
"Thank you for the professionalism and the understanding of the laws, HOA. We have been able to reach our objective. Definitely and amazing team of lawyers. Thank you. South Pearl Condominium. Gonzalo A. Sossa, Apt D1 "

Gonzalo A Sossa Client
"The work and assistance by Varcadipane was EXCELLENT. I highly RECOMMEND this company. "

Ivan Ayala Client
"The lawyer from Varcadipane & Pinnisi was excellent and very helpful. I would recommend Varcadipane & Pinnisi to other individuals. "

Gloria Santana Client
"Estamos muy agradecidos por su cooperacion y trabajo muy profesional. Esperamos continuar trabajando con ustedes. "

Maria Cruz Client
"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NY. He was very responsive,..."

Andrew L. Client
"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

Charles D. Client
"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi, P.C...."

Richard L. Brandbliss
"The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

I.S. Client
"Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

Anonymous Client
"I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

Peer Review Birth Injury Attorney
"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

Peer Review Personal Injury Attorney
"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

Peer Review Car Accident Attorney
"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

Anonymous Client
"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

Peer Review Criminal Defense Attorney
"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

Peer Review Personal Injury Attorney

$5M

Medical Malpractice Settlement
view all case results
$4M

OPPRESSED MINORITY SHAREHOLDER
view all case results
$3.5M

Structured Settlement For Infant Injured At Birth
view all case results
$3.25M

settlement against a NYC medical practice and Physician’s Assistant
view all case results
$2.5M

Settlement for client injured in a truck accident
view all case results