Elderly Abuse Laws in Louisiana: Penalties, Reporting, and Civil Claims

Elder abuse laws in Louisiana treat harm to anyone aged 60 or older as a distinct set of crimes with penalties heavier than those for the same conduct against a younger adult. The core statute, RS 14:93.3, targets caregivers who cause unjustifiable pain, suffering, or neglect and allows up to 10 years in prison on a first conviction.¹ Alongside criminal prosecution, Louisiana gives victims and their families access to protective orders, civil damages, and a network of state agencies that investigate reports around the clock.

Who and What the Law Covers

Louisiana defines “elderly” as any person aged 60 or older for purposes of its abuse and exploitation statutes.¹ The protections apply whether the person lives in a nursing home, a hospital, a mental health facility, or their own home. “Caregiver” is read broadly to include adult children, other relatives, neighbors, and any facility staff who have taken on responsibility for the person’s welfare.

The prohibited conduct groups into four categories: physical abuse, cruelty and neglect, financial exploitation, and emotional mistreatment. Different statutes address each, and prosecutors often charge more than one when the facts support it.

Criminal Offenses and Penalties

Battery of Persons With Infirmities

Hitting, shoving, or otherwise making unwanted physical contact with someone 60 or older is prosecuted under RS 14:35.2, a standalone offense separate from ordinary simple battery. A conviction brings a fine of up to $500 and jail of 30 days to six months.² Simple battery against an adult under 60 caps at a $1,000 fine and six months, with no mandatory minimum.³ The elder-specific charge guarantees at least 30 days behind bars, and the defendant cannot claim ignorance of the victim’s age.

When a dangerous weapon is involved, the charge escalates to aggravated battery under RS 14:34, punishable by up to 10 years in prison and a $5,000 fine.⁴ Prosecutors often stack this alongside the elder-specific offense.

Cruelty to Persons With Infirmities

RS 14:93.3 is the statute that reaches most elder abuse patterns. It criminalizes intentional or criminally negligent mistreatment or neglect that causes unjustifiable pain, malnourishment, or suffering to a person 60 or older.¹ The conduct it covers includes:

Withholding food, water, medication, hygiene care, or safe shelter.
Tying down, locking in, or chemically sedating someone without medical justification.
Leaving a bedridden person without repositioning, failing to treat bedsores, or ignoring signs of infection.

A first conviction can bring up to 10 years in prison and a $10,000 fine. Subsequent convictions carry enhanced penalties, including mandatory minimums. The statute allows one narrow defense: treatment through a recognized spiritual healing method in lieu of medical care is not automatically neglect, but it must be raised as an affirmative defense at trial.¹

Financial Exploitation

RS 14:93.4 makes it a felony to spend, diminish, or use an elderly person’s assets without genuine voluntary consent or through fraud.⁵ There is no dollar threshold. Draining a $200 checking account and stealing a $200,000 home through forged documents both fall under the same statute. Typical scenarios involve misused power of attorney, pressuring a confused relative to sign over property, and romance or lottery scams.

A first conviction reaches up to 10 years in prison and a $10,000 fine. A second or subsequent conviction raises the minimum to one year in prison and the maximum fine to $20,000.⁶ Every conviction also requires full restitution to the victim and to anyone else who lost money because of the offense.⁵

When Abuse Turns Fatal

Where elder abuse results in death, prosecutors can bring homicide charges. Negligent homicide under RS 14:32 applies when reckless or criminally negligent care kills someone and carries up to 10 years in prison and a $5,000 fine.⁷ Where the evidence shows deliberate intent to kill or wanton disregard for human life, second-degree murder charges are available and carry mandatory life imprisonment at hard labor without parole.⁸

Recognizing the Warning Signs

Elder abuse often goes unreported because the person harmed is isolated, afraid, or cognitively impaired. The U.S. Department of Justice groups the warning signs by type of abuse.⁹

Physical abuse indicators include unexplained bruises, welts, or rope marks; broken bones or skull fractures; untreated injuries at different stages of healing; broken eyeglasses; and lab results suggesting medication overdose or underuse. A caregiver who refuses to let visitors see the older adult alone is another significant sign.

Neglect tends to show up as dehydration, malnutrition, untreated bedsores, and poor hygiene, along with unsafe conditions in the home such as no running water, no heat, or pest infestations. An older adult who says they have been abandoned or left without needed care should be taken seriously right away.

Financial exploitation is harder to see but often surfaces through sudden changes in bank accounts, unexplained withdrawals, missing belongings, changes to wills or power of attorney documents, and unpaid bills despite adequate income. A new “friend” or caregiver appearing just as an older adult’s finances start deteriorating is itself worth a report.

How to Report Suspected Abuse

Where to Call

For individuals aged 60 and older, reports go to the Governor’s Office of Elderly Affairs, Elderly Protective Services division. The 24-hour hotline is 1-844-945-2377.¹⁰ For adults aged 18 to 59, Adult Protective Services takes reports at 1-800-898-4910.¹¹ Both lines accept anonymous tips, and Louisiana law grants immunity from civil and criminal liability to anyone who reports in good faith.¹²

If a crime is in progress or someone is in immediate danger, call 911 first. Reports to protective services and to police are not mutually exclusive; filing with both often gets the fastest response.

Who Must Report

Louisiana law designates certain people as mandatory reporters. Under RS 14:403.2, knowingly and willfully failing to report when you have cause to believe an adult is being abused, neglected, or exploited is a misdemeanor punishable by a fine of up to $500, up to six months in jail, or both.¹² Healthcare workers, social workers, and law enforcement officers are among those with a legal duty to report. Anyone else who suspects abuse can and should report, even without a legal duty to do so.

What Happens Next

Once a report is filed, investigators interview the older adult, review medical and financial records, and assess the living situation. If evidence supports the claim, the state can pursue emergency interventions, including temporary relocation of the victim or emergency guardianship. Criminal cases get referred to the local district attorney’s office for prosecution.

Nursing Home Complaints

When abuse or neglect happens in a nursing home, assisted living facility, or personal care home, Louisiana’s Long-Term Care Ombudsman Program adds another route. Ombudsmen visit facilities, investigate complaints about care, food, finances, and residents’ rights, and work to resolve problems with facility administrators.¹³ The service is free and confidential. The statewide toll-free number is (866) 632-0922.

Federal law requires every state to run an ombudsman program under the Older Americans Act, with authority to investigate complaints, advocate for residents before government agencies, and seek administrative or legal remedies.¹⁴ An ombudsman complaint does not replace a police report or an APS referral. It adds another layer of accountability.

Protective Orders

A victim or their legal representative can petition a Louisiana court for a protective order to stop ongoing abuse, threats, or harassment. Emergency temporary orders can issue without prior notice to the abuser when the situation is urgent, and they remain in place until a full hearing can be scheduled.¹⁵

After a hearing, the court can enter a final order lasting up to 18 months. The stay-away portion, directing the abuser to stop all contact, can be extended indefinitely if the court finds continued risk.¹⁶ A protective order can require the abuser to:

Keep a set distance from the victim’s home and workplace.
Stop all communication, including through third parties.
Surrender firearms if violence was involved.
Submit to a mental health or medical evaluation, followed by counseling if appropriate.

Violating a protective order is a separate criminal offense carrying jail time and fines. Louisiana enters all protective orders into a statewide registry accessible to law enforcement, district attorneys, and protective services, so officers can verify an order during any encounter.¹⁵ If the victim or abuser moves out of state, federal law requires the new state to enforce the Louisiana order as its own, provided the issuing court had jurisdiction and the abuser had notice or an opportunity to be heard.¹⁷

Civil Lawsuits and Financial Recovery

An elderly victim or their legal representative can sue the abuser for damages in civil court whether or not criminal charges are filed. Civil cases use a lower burden of proof: more likely than not, rather than beyond a reasonable doubt. Claims can cover physical injuries, emotional distress, financial losses, and the cost of future care.

Where fraud, misuse of power of attorney, or other breaches of trust are involved, courts can void the fraudulent transactions, order full restitution, and impose punitive damages for particularly egregious conduct. Judges can also freeze bank accounts or place property under court supervision while a case is pending to prevent further losses.

Louisiana gives you two years from the date of injury, or from the date you discovered the harm, to file a civil suit for personal injury or fraud. Missing that deadline almost always ends the case, no matter how strong the evidence. Where the victim has diminished capacity and the abuse goes undiscovered, the discovery rule can push the start date forward, but that is not a safe assumption. File as soon as the abuse comes to light.

One trap for nursing home cases: when a suit targets a nursing home or other qualified healthcare provider, Louisiana’s Medical Malpractice Act caps total damages, excluding future medical expenses, at $500,000. That cap applies only to providers enrolled in the state’s Patient Compensation Fund. If the facility is not enrolled, the cap does not apply. Future medical expenses are uncapped either way, which matters because neglect cases often generate ongoing care costs well beyond the statutory limit.

Federal Backstops

For scams that cross state lines or run through the internet, victims can also report to the Federal Trade Commission at ReportFraud.ftc.gov, which shares reports with law enforcement agencies through the Consumer Sentinel database.¹⁸ A federal report does not replace a Louisiana police report or APS complaint.

Where a family member or other individual serves as representative payee for someone’s Social Security benefits and diverts the money to personal use, federal law treats that as a separate offense carrying up to five years in federal prison.¹⁹ The agency will revoke the payee’s authority, appoint a replacement, and work to make the beneficiary whole. The Elder Justice Act of 2010 established the Elder Justice Coordinating Council and funds grants to Adult Protective Services programs nationwide, building the infrastructure behind the state-level response.²⁰

1
Louisiana State Legislature. Louisiana Code RS 14:93.3 – Cruelty to Persons With Infirmities
2
Justia. Louisiana Revised Statutes 14:35.2 – Battery of Persons With Infirmities
3
Justia. Louisiana Revised Statutes 14:35 – Simple Battery
4
Justia. Louisiana Revised Statutes 14:34 – Aggravated Battery
5
Justia. Louisiana Revised Statutes 14:93.4 – Exploitation of Elderly Persons or Persons With Infirmities
6
Louisiana State Legislature. Louisiana Code RS 14:93.4 – Exploitation of Elderly Persons or Persons With Infirmities
7
Louisiana State Legislature. Louisiana Code RS 14:32 – Negligent Homicide
8
Louisiana State Legislature. Louisiana Code RS 14:30.1 – Second Degree Murder
9
Elder Justice Initiative (EJI) – Justice.gov. Red Flags of Elder Abuse
10
Governor’s Office of Elderly Affairs. Elderly Protective Services
11
Louisiana Department of Health. Adult Protective Services
12
Louisiana State Legislature. Louisiana Code RS 14:403.2 – Abuse and Neglect of Adults
13
Governor’s Office of Elderly Affairs. Louisiana Ombudsman Program
14
Office of the Law Revision Counsel. 42 U.S. Code 3058g – State Long-Term Care Ombudsman Program
15
Louisiana State Legislature. Louisiana Code RS 46:2136.2 – Louisiana Protective Order Registry
16
Louisiana State Legislature. Louisiana Code RS 46:2136 – Protective Orders
17
Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
18
Federal Trade Commission. ReportFraud.ftc.gov
19
eCFR. 5 CFR 849.501 – Misuse of Benefits by a Representative Payee
20
ACL Administration for Community Living. The Elder Justice Act