Exploitation of the Infirmed in Louisiana: Penalties, Reporting, Civil Claims

Exploitation of the infirmed in Louisiana is a felony that covers three kinds of conduct against elderly adults, people with infirmities, and adults with disabilities: using their money or property without valid consent, financially exploiting them under the state’s banking laws, and abusing a power of attorney or curatorship for personal profit. A first conviction carries up to ten years in prison and a fine of up to $10,000, with mandatory restitution to the victim.¹

What the Law Covers

Louisiana Revised Statutes 14:93.4 defines the offense through three distinct types of conduct:¹

Intentionally spending, diminishing, or using the property or assets of an elderly person, a person with an infirmity, or an adult with a disability without their voluntary consent or the consent of their legal representative, or through fraudulent conduct.
Conduct meeting the definition of financial exploitation under Louisiana’s banking laws.
Using a power of attorney or curatorship over a vulnerable person for one’s own profit through fraud or misrepresentation.

“Elderly” means anyone sixty years of age or older.² The statute reaches victims in any setting, from private homes to nursing facilities, mental health facilities, and hospitals. Forging a check, draining a bank account, pressuring someone into changing a will, and using a power of attorney for personal enrichment all fall under the same offense.

Criminal Penalties

A common misconception holds that small-dollar exploitation is a misdemeanor in Louisiana. It is not. RS 14:93.4 sets a single penalty tier with no dollar threshold. A first conviction carries up to ten years in prison, with or without hard labor, and a fine of up to $10,000.¹

A second or subsequent conviction raises the stakes considerably. The offender faces a mandatory minimum of one year and up to ten years in prison, and the maximum fine doubles to $20,000. Courts must also order full restitution to the victim and to anyone else who suffered a financial loss because of the crime.¹

Prosecutors must prove the defendant intentionally used, spent, or diminished the victim’s assets without consent or through fraud. Intent and lack of consent are the heart of the case.

Cruelty and Neglect: The Related Offense

Exploitation often rides alongside mistreatment or neglect, and Louisiana prosecutes that conduct separately under RS 14:93.3. The statute covers intentional or criminally negligent conduct that causes unjustifiable pain, malnourishment, or suffering to an elderly person, a person with an infirmity, or an adult with a disability.²

Penalties track the exploitation statute in their severity. A first conviction carries up to $10,000 in fines or up to ten years in prison, or both. When the cruelty was intentional and malicious, at least one year of the sentence must be served without parole, probation, or suspension. A second conviction brings a mandatory minimum of five years at hard labor, up to ten years, with five years that cannot be reduced through parole or probation.²

“Caregiver” is defined broadly. It includes family members, neighbors, daycare institutions, assisted living facilities, nursing homes, and anyone else who has assumed or been assigned responsibility for a vulnerable adult’s care. Withholding medication, food, or necessary medical treatment to pressure a victim or to pocket funds that should go toward care falls squarely within this law. The statute provides one specific defense: treating a person through a recognized spiritual method of healing, rather than conventional medical treatment, is not automatically considered cruelty, and the accused must raise it as an affirmative defense at trial.²

Who Must Report, and How

Louisiana’s mandatory reporting law is broader than many people assume. RS 15:1504 requires any person who has cause to believe an adult’s health or welfare has been harmed by abuse, neglect, or exploitation to file a report. The statute names health, mental health, and social service practitioners as examples, but the duty applies to everyone, not just professionals.³

Reports involving adults sixty and older go to Elderly Protective Services at 1-833-577-6532. Reports involving adults between eighteen and fifty-nine go to Adult Protective Services through the Louisiana Department of Health. Local law enforcement is also an option. Louisiana law protects the identity of reporters.⁴

Anyone who reports in good faith is immune from civil and criminal liability, even if the investigation ultimately finds no abuse. That immunity does not extend to people who participated in the abuse or who file knowingly false reports.³

Knowingly and willfully failing to report is a misdemeanor under RS 14:403.2, punishable by a fine of up to $500, up to six months in jail, or both. The same penalties apply to anyone who obstructs an investigation, discloses confidential report information without authorization, or files a report they know to be false. Retaliating against a reporter is also a misdemeanor.⁵

What Happens After a Report

Louisiana splits protective services between two agencies. Adult Protective Services, housed within the Louisiana Department of Health, investigates reports involving adults between eighteen and fifty-nine.⁶ Elderly Protective Services, run by the Governor’s Office of Elderly Affairs, handles reports involving individuals sixty and older.⁷

Both agencies can make home visits, interview victims and witnesses, and review financial records when there is reason to believe exploitation or abuse is occurring. If an investigation substantiates the allegations, the agency can coordinate with law enforcement, arrange emergency protective measures, or petition the court for an interdiction when the victim cannot protect themselves.⁴

Interdiction as a Protective Tool

Louisiana does not use the term “guardianship” for incapacitated adults the way most states do. Interdiction, governed by Louisiana Civil Code Article 389, is the equivalent process. A court may order full interdiction of an adult who, due to an infirmity, is unable to consistently make reasoned decisions about the care of their person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.⁸

Interdiction is often the most effective way to stop ongoing exploitation, because the court appoints a curator who takes over the person’s affairs under court supervision, stripping the exploiter of any informal authority. Family members, protective services agencies, or the district attorney can petition. Costs come from the estate of the person being protected, which can bite when exploitation has already drained assets; family members can serve as curators to reduce fees, but they must file regular accountings and can be removed for mismanagement.

Getting Money Back: Civil Claims

Criminal prosecution punishes the offender, and courts must order restitution, but a separate civil lawsuit is often the practical route to recovery. Louisiana law recognizes several grounds for civil recovery in exploitation cases, including fraud, breach of fiduciary duty, unjust enrichment, and intentional infliction of emotional distress. The burden of proof is lower than in criminal court: a preponderance of the evidence, not proof beyond a reasonable doubt.

Damages can include reimbursement for stolen funds, compensation for medical expenses caused by neglect or abuse, and awards for emotional distress. Courts can impose constructive trusts that force wrongdoers to return improperly obtained assets, and they can freeze bank accounts or block property sales while litigation is pending. Curators or estate executors typically file these claims on behalf of incapacitated victims.

In cases involving coerced will changes, fraudulent property transfers, or forged documents, a court can void the transaction entirely and restore the victim’s ownership. These cases often turn on proving that the victim lacked the mental capacity to consent or that undue influence was applied. Bank records, medical evaluations showing cognitive decline, and testimony from people who observed the victim’s condition before and after the disputed transaction all strengthen the case.

On timing: Louisiana historically imposed a one-year prescriptive period for tort actions under Civil Code Article 3492, but the legislature repealed that article effective July 1, 2024. Because the replacement provisions may affect how exploitation claims are timed, anyone considering a civil lawsuit should consult a Louisiana attorney promptly rather than assume a specific deadline applies.

Consequences for Nursing Facilities

When exploitation or abuse occurs in a licensed nursing facility, the Louisiana Department of Health has authority beyond criminal referrals. Under RS 40:2009.6, the department can revoke or refuse to renew a nursing home’s license for cruelty or indifference to resident welfare, for misappropriating or converting residents’ property, or for violating minimum standards and regulations.⁹

A license application can also be denied outright if the applicant or any officer of the facility has a felony conviction, or if the designated supervisor is deemed unsuitable for the care of patients. These administrative consequences exist independently of any criminal prosecution, so a facility or its operators can lose their ability to do business even if criminal charges are not filed or do not result in conviction.⁹

1
Louisiana State Legislature. Louisiana Revised Statutes 14:93.4 – Exploitation of Elderly Persons or Persons With Infirmities
2
Justia Law. Louisiana Revised Statutes 14:93.3 – Cruelty to Elderly and Persons With Infirmities
3
Justia Law. Louisiana Revised Statutes 15:1504 – Mandatory Reports and Immunity
4
Louisiana Department of Health. About Adult Protective Services
5
FindLaw. Louisiana Revised Statutes Title 14-403.2 – Abuse and Neglect of Adults
6
Justia Law. Louisiana Revised Statutes 15:1503 – Definitions
7
Governor’s Office of Elderly Affairs. Elderly Protective Services Policies and Procedures Manual
8
Justia Law. Louisiana Civil Code Article 389 – Full Interdiction
9
Justia Law. Louisiana Revised Statutes 40:2009.6 – Denial, Revocation, or Nonrenewal of License