Elderly Abuse Laws in Louisiana: Penalties, Reporting, and Lawsuits

Elder abuse laws in Louisiana treat harming, neglecting, or financially exploiting anyone aged 60 or older as a set of distinct felonies, with prison sentences reaching 10 years on a first conviction and parallel civil and protective-order remedies for victims and their families.¹ If you suspect abuse right now, the 24-hour Elderly Protective Services hotline is 1-844-945-2377, and 911 is the right call for an immediate safety threat.

Who the Law Protects

Louisiana’s elder abuse statutes apply to any individual aged 60 or older, whether they live in a nursing home, a hospital, a mental health facility, or their own house.¹ The “caregiver” category reaches broadly: adult children, other relatives, neighbors, and staff at any facility that has taken on responsibility for the older adult’s welfare can all be charged under these laws.

The conduct the state criminalizes falls into four buckets: physical abuse, cruelty and neglect, financial exploitation, and emotional mistreatment. Each has its own statute, and prosecutors often charge several at once when the facts fit.

Criminal Offenses and Penalties

Battery Against Someone 60 or Older

Hitting, shoving, or otherwise making unwanted physical contact with an elderly person is prosecuted under RS 14:35.2 as battery of persons with infirmities, a separate offense from ordinary simple battery. A conviction brings a fine of up to $500 and a jail sentence of 30 days to six months.² Simple battery against a younger adult has no mandatory minimum jail time.³ The elder-specific charge guarantees at least 30 days behind bars, and a defendant cannot escape it by claiming they did not know the victim’s age.

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

Cruelty and Neglect

RS 14:93.3, cruelty to persons with infirmities, is the statute most directly aimed at 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 That reaches withholding food, water, medication, hygiene care, or safe shelter; tying down, locking in, or chemically sedating someone without medical justification; and reckless caregiving such as leaving a bedridden person without repositioning or ignoring infections.

A first conviction can bring up to 10 years in prison and a fine of up to $10,000, with enhanced penalties and mandatory minimums on later convictions. The statute recognizes one narrow defense: treatment by a recognized spiritual healing method in lieu of medical care is not automatically neglect, but the defendant has to raise it 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 property or assets without genuine voluntary consent, or by fraud.⁵ There is no minimum dollar threshold. Draining a $200 bank account and stealing a $200,000 house through forged documents both fall under the same statute. Common scenarios include misusing power of attorney, pressuring a confused relative to sign over property, and running romance or lottery scams.

A first conviction carries up to 10 years in prison and a $10,000 fine. A second or subsequent conviction raises the floor to one year in prison and the fine ceiling 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

If abuse or neglect kills the victim, prosecutors can bring homicide charges. Negligent homicide under RS 14:32 applies to reckless or criminally negligent care that causes death 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 is on the table, and a conviction means mandatory life at hard labor without parole.⁸

Louisiana’s habitual offender law also lets judges stretch sentences dramatically when a defendant has prior felony convictions, doubling the sentencing range in many cases.⁹

Warning Signs

Elder abuse often goes unreported because victims are isolated, afraid, or cognitively impaired. The U.S. Department of Justice groups the warning signs by type.¹⁰

Physical abuse tends to show up as 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 will not let visitors see the older adult alone is itself a red flag.

Neglect looks like dehydration, malnutrition, untreated bedsores, poor hygiene, and unsafe living conditions such as no running water, no heat, or pest infestations. Reports from the older adult of being abandoned or left without care should be taken seriously the same day.

Financial exploitation is harder to spot but often surfaces as 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 the older adult’s finances start deteriorating is enough on its own to warrant a report.

How to Report and What Happens Next

For anyone 60 or older, reports go to the Governor’s Office of Elderly Affairs, Elderly Protective Services division, at 1-844-945-2377, 24 hours a day.¹¹ For adults aged 18 to 59, the number is Adult Protective Services at 1-800-898-4910. Both lines accept anonymous tips, and Louisiana law gives immunity from civil and criminal liability to anyone who reports in good faith.¹²

If a crime is in progress or the person is in immediate danger, call 911 first. A protective services report and a police report are not mutually exclusive, and filing both usually produces the fastest response.

Louisiana 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.

After a report comes in, investigators interview the elderly person, review medical and financial records, and assess the living situation. If the evidence supports the claim, the state can arrange emergency interventions, including temporarily moving the victim or opening an emergency guardianship proceeding. Criminal matters get referred to the local district attorney for prosecution.

Nursing Home and Assisted Living Complaints

When the setting is 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 quality, food, finances, and residents’ rights, and try to resolve problems directly with administrators.¹³ The service is free and confidential. The statewide toll-free number is (866) 632-0922. Federal law requires every state to operate an ombudsman program with authority to investigate, advocate before government agencies, and seek administrative or legal remedies.¹⁴ An ombudsman complaint doesn’t replace a police report or an APS referral; it adds a layer of accountability for the facility.

Protective Orders

An elderly victim, or someone acting as their legal representative, can petition the 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 remain in place until a full hearing.¹⁵

After a hearing, the court can issue a final protective order lasting up to 18 months. The stay-away portion 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, and submit to mental health or medical evaluation with follow-up counseling.

Violating a protective order is a separate crime carrying jail time and fines. Louisiana enters every order into a statewide registry that law enforcement, prosecutors, and protective services can check during any encounter.¹⁵ If the victim or abuser moves to another state, federal law requires the new state to enforce the Louisiana order as its own, as long as the original court had jurisdiction and the abuser received notice or a chance to be heard.¹⁷

Civil Lawsuits and Getting Money Back

A civil suit runs on a separate track from criminal prosecution. Elderly victims or their legal representatives can sue the abuser for damages whether or not criminal charges have been filed, and the burden of proof is lower: more likely than not, rather than beyond a reasonable doubt. Recoverable losses include physical injuries, emotional distress, financial losses, and the cost of future care.

Where fraud, misused power of attorney, or other breaches of trust are involved, courts can void fraudulent transactions, order full restitution, and award punitive damages for particularly egregious conduct. Judges can also freeze bank accounts or place property under court supervision while the case is pending so losses don’t keep growing.

You have two years from the date of injury, or from the date you discovered the harm, to file a civil lawsuit for personal injury or fraud in Louisiana. Missing that deadline almost always ends the case regardless of how strong the evidence is. The discovery rule can sometimes push the start date forward if the victim had diminished capacity and no one noticed the abuse for years, but counting on it is risky. File as soon as the abuse comes to light.

One important limit applies when the defendant is a nursing home or other qualified healthcare provider: Louisiana’s Medical Malpractice Act caps total damages (excluding future medical expenses) at $500,000, but only for providers enrolled in the state’s Patient Compensation Fund. Future medical expenses are uncapped either way. If the facility is not enrolled, the cap does not apply at all.

Key Agencies and Numbers

Elderly Protective Services, for anyone 60 or older: 1-844-945-2377, 24 hours a day.¹¹
Adult Protective Services, for adults 18 to 59: 1-800-898-4910.¹⁸
Long-Term Care Ombudsman, for nursing home and assisted living complaints: (866) 632-0922.¹³
Local law enforcement: 911 for emergencies; your parish sheriff or local police for non-urgent reports.
Louisiana Attorney General: investigates financial exploitation and fraud targeting seniors, especially large-scale or multi-victim schemes.
Local district attorney’s office: handles criminal prosecution at the parish level.
Federal Trade Commission, for scams that cross state lines or operate online: ReportFraud.ftc.gov, which shares reports with more than 2,000 law enforcement agencies.¹⁹

These agencies regularly coordinate. A single call to Elderly Protective Services or to law enforcement can pull in several of them depending on what the investigation turns up.

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
Louisiana State Legislature. Louisiana Code RS 15:529.1 – Habitual Offender Law
10
Elder Justice Initiative (EJI) – Justice.gov. Red Flags of Elder Abuse
11
Governor’s Office of Elderly Affairs. Elderly 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
Louisiana Department of Health. Adult Protective Services
19
Federal Trade Commission. ReportFraud.ftc.gov