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. 46:61  (2016)   

§61.  Elderly abuse; release of information

(3)  For purposes of this Section, "elderly abuse" shall mean abuse of any person sixty years of age or older and shall include the abuse of any infirm person residing in a state licensed facility.

Civil Financial Exploitation
La. R.S. 15:1503 (2016)

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.

   (8) "Extortion" is the acquisition of a thing of value from an unwilling or reluctant adult by physical force, intimidation, or abuse of legal or official authority.

Civil Financial Exploitation
La. R.S. 15:1503 (2016)

§ 15:1503. Definitions

(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.

Civil Financial Exploitation
RS 14:67.21

LOUISIANA REVISED STATUTES 

TITLE 14.  CRIMINAL LAW 

§67.21.  Theft of the assets of an aged person 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 the funds, assets, or property of a person who is aged or person with a disability without his authorization or consent for the profit, advantage, or benefit of a person other than the person who is aged or person with a disability without his authorization or consent.

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

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

Civil Financial Exploitation
RS 14:67.21

§67.21.  Theft of the assets of an aged person or disabled person

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

(2)  “Person who is aged” is any person sixty years of age or older.

(3)  “Person with a disability” 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 person who is aged or person with a disability.

Civil Financial Exploitation
RS 14:93.4

LOUISIANA REVISED STATUTES 

TITLE 14.  CRIMINAL LAW 

§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.

Criminal Financial Exploitation
LA. REV. STAT. ANN. § 14:67.21 (2016)

LOUISIANA REVISED STATUTES 
TITLE 14.  CRIMINAL LAW 
CHAPTER 1.  CRIMINAL CODE 
PART III.  OFFENSES AGAINST PROPERTY 
SUBPART C.  BY MISAPPROPRIATION WITHOUT VIOLENCE

§ 14:67.21.  Theft of the assets of a person who is aged or person with a disability

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

  (1) “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 person who is aged or person with a disability.

   (1) "Person who is aged" is any person sixty years of age or older.

   (2) "Person with a disability" 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 a person who is agedor person with a disability is any of the following:

   (1) The intentional use, consumption, conversion, management, or appropriation of thefunds, assets, or property of a person who is aged or person with a disability without his authorization or consent for the profit, advantage, or benefit of a person other than  the person who is aged or person with a disabilitywithout his authorization or consent.

   (2) The intentional misuse of the power of attorney of a person who is aged or person with a disability to use, consume, convert, manage, or appropriate any funds, assets, or property  of a person who is aged or person with a disability for the profit, advantage, or benefit of a person other than the person who is aged or person with a disabilitywithout his authorization or consent.

   (3) The intentional use, consumption, conversion, management, or appropriation of thefunds, assets, or property of a person who is aged or person with a disability through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than  the person who is aged or person with a disability.

C. (1) Whoever commits the crime of theft of the assets of a person who is aged or person with a disability 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 a person who is aged or person with a disability 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 a person who is aged or person with a disability when the value of the theft equals less than five hundred dollars 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 a person who is aged or person with a disability 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 a person who is aged or person with a disability , 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.

Criminal Financial Exploitation
LA. REV. STAT. ANN. § 14:93.4 (2016)

LOUISIANA REVISED STATUTES
TITLE 14.  CRIMINAL LAW 
CHAPTER 1.  CRIMINAL CODE 
PART 5.  OFFENSES AFFECTING THE PUBLIC MORALS 
SUBPART B.  OFFENSES AFFECTING GENERAL MORALITY 
3. OFFENSES AFFECTING THE HEALTH AND SAFETY OF THE INFIRM

§ 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 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.

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. 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...