Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Civil Financial Exploitation
La. R.S. 15:1503 (2020)

LOUISIANA REVISED STATUTES 
TITLE 15.  CRIMINAL PROCEDURE 
CHAPTER 14.  ADULT PROTECTIVE SERVICES ACT
§ 15:1503. Definitions
(7) “Exploitation” means the illegal or improper use or management of the funds, assets, or property of a person who is aged or an adult with a disability, or the use of power of attorney or guardianship of a person who is aged or an adult with a disability for one's own profit or advantage.



(3) “Adult” means any individual eighteen years of age or older, or an emancipated minor who, due to a physical, mental, or developmental disability or the infirmities of aging, is unable to manage his own resources, carry out the activities of daily living, or protect himself from abuse, neglect, or exploitation.

Criminal Financial Exploitation
La. R.S. § 14:283.3(B)(1) (2020)

Title 14. Criminal law (Chs. 1 — 3)
Chapter 2. Miscellaneous crimes and offenses (Pts. 1 — 7)
Part 2. Offenses affecting public morals (§§ 14:281 — 14:286)

§ 14:283.3. Abuse of persons with infirmities through electronic means

B. For purposes of this Section:
(1) “Person with an infirmity” means a person who suffers from a mental or physical disability, including those associated with advanced age, which renders the person incapable of adequately providing for his personal care. A person with an infirmity may include but is not limited to a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility or recipients of home and community-based care.

Criminal Financial Exploitation
La. R.S. § 14:93.3(C) (2020)

Title 14. Criminal law (Chs. 1 — 3)
Chapter 1. Criminal code (Pts. 1 — 8)
Part 5. Offenses affecting the public morals (Subpts. A — B)
Subpart B. Offenses affecting general morality (§§ 14:90 — 14:93.20)
3. Offenses affecting the health and safety of persons with infirmities (§§ 14.93.3 — 14:93.5)                                              

§14. 93.3. Cruelty to persons with infirmities                                                

C. For the purposes of this Section, a person who is aged is any individual sixty years of age or older.

Criminal Financial Exploitation
La. R.S. § 14:93.4.(A) (2020)

Title 14. Criminal Law
Chapter 1. Criminal Code
Part V. Offenses Affecting the Public Morals
Subpart B. Offenses Affecting General Morality
3. Offenses Affecting the Health and Safety of Persons with Infirmities
§ 93.4. Exploitation of persons with infirmities

A. Exploitation of persons with infirmities is:
(1) The intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of a person with an infirmity, an adult with a disability, or a person who is aged, including but not limited to a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.
(2) The use of the power of attorney or guardianship of a person with an infirmity, a person who is aged, or an adult with a disability for one's own profit or advantage by means of fraudulent conduct, practices, or representations.

Civil Elder Abuse
La. R.S. § 14:403.2  (2017)

 

Louisiana Revised Statutes  Title 14.  Criminal law  Chapter 2.  Miscellaneous crimes and offenses  Part 5.  Offenses affecting law enforcement

[Does not provide definitions]

Criminal Elder Abuse
La. R.S. § 14:93.4 (2020)

A. Exploitation of persons with infirmities is:

(1) The intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of a person with an infirmity, an adult with a disability, or a person who is aged, including but not limited to a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.

(2) The use of the power of attorney or guardianship of a person with an infirmity, a person who is aged, or an adult with a disability for one’s own profit or advantage by means of fraudulent conduct, practices, or representations.

B. Whoever commits the crime of exploitation of persons with infirmities shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or both.

C. Whoever is convicted, or who enters a plea agreement for exploitation of persons with infirmities shall be prohibited from having access to the assets or property of the victim or of any other person with a disability or person who is aged. The offender shall be prohibited from being appointed as a power of attorney or guardian for the victim or any other person with a disability or person who is aged. The provisions of this Subsection shall not be construed to prohibit the offender from inheriting from the victim with an infirmity.

Criminal Elder Abuse
La. Rev. Stat. Ann. § 14:67.21

A. As used in this Section the following terms have the following meanings:

(1) "Aged person" is any person sixty years of age or older.

(2) "Disabled person" is a person eighteen years of age or older who has a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for his own care or protection.

(3) "Health care" is any expense resulting from medical, personal, residential, or other care provided or assistance received from any home- and community-based service provider, adult foster home, adult congregate living facility, nursing home, or other institution or agency responsible for the care of any aged or disabled person.

B. Theft of the assets of an aged person or disabled person is any of the following:

(1) The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property without his authorization or consent for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(2) The intentional misuse of an aged or disabled person's power of attorney to use, consume, convert, manage, or appropriate any funds, assets, or property of an aged person or disabled person for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(3) The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than the aged person or disabled person.

C.(1) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals one thousand five hundred dollars or more may be imprisoned, with or without hard labor, for not more than ten years and shall be fined not more than three thousand dollars, or both.

(2) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or more, but less than one thousand five hundred dollars may be imprisoned, with or without hard labor, for not more than five years and shall be fined not more than two thousand dollars, or both.

(3) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or less may be imprisoned for not more than six months and shall be fined not more than five hundred dollars, or both.

(4) In any case in which an offender has been previously convicted of theft of the assets of an aged person or disabled person the offender shall be imprisoned, with or without hard labor, for not less than two years, and shall be fined not less than two thousand dollars, or both, regardless of the value of the instant theft.

D. When there have been a number of distinct acts of theft of the assets of an aged person or disabled person, the aggregate of the values of each act shall determine the grade of the offense.

E. In addition to all other penalties, a person convicted under this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

F. Any charges made under this Section shall be reported as provided in R.S. 15:1504 and 1505.

Acts 2001, No. 1011, §1; Acts 2006, No. 172, §1; Acts 2006, No. 176, §1; Acts 2008, No. 839, §1, eff. July 8, 2008; Acts 2010, No. 585, §1; Acts 2010, No. 861, §6.

https://law.justia.com/codes/louisiana/2011/rs/tit...