December 18, 2024, by Garret DeReus
Louisiana takes a strong stance against elder abuse through several protective statutes, with Louisiana Revised Statute 14:403.2 serving as one of the laws safeguarding elderly residents in Louisiana. This law provides definitions and protections for adults who may be vulnerable to abuse, neglect, or exploitation.
Under LA R.S. 14:403.2, elder abuse encompasses various forms of mistreatment. The statute specifically addresses physical abuse, which includes actions causing physical pain or injury to an elderly person. This can range from hitting or pushing to inappropriate use of restraints. The law also recognizes emotional abuse, such as threats, intimidation, or isolation of the elderly person.
One particularly serious form of physical abuse often seen in institutional settings is the development of pressure ulcers, also known as bedsores. These painful wounds can develop when caregivers fail to regularly reposition elderly patients with mobility limitations. A caretaker that allows preventable pressure ulcers to develop through neglect can be investigated for possible elder abuse.
The law defines neglect, which generally speaking refers to the failure to provide an elderly person with the necessities of life, including food, clothing, shelter, and medical care. This also extends to situations where caregivers fail to protect elderly individuals from health and safety hazards or neglect to ensure their basic needs are met. This is merely a high level assessment, however, and is not intended as a exclusive statement as to what constitutes “neglect” in Louisiana.
Financial exploitation is another critical area addressed by the statute. This includes the unauthorized use of an elderly person’s assets or resources, manipulation of their financial decisions, or theft of their property. The law recognizes that elderly individuals are often particularly vulnerable to financial predation.
LA R.S. 14:403.2 also establishes mandatory reporting requirements for certain professionals who encounter suspected cases of elder abuse. This includes healthcare providers, social workers, and law enforcement officers, among others.
It’s important to note that this statute is just one part of Louisiana’s legal framework protecting elderly individuals. The state has enacted multiple laws and regulations designed to ensure the safety and dignity of its elderly population. There are also various federal laws that can be used to advocate on behalf of elderly persons.
Those concerned about potential elder abuse should remember that the law provides potential remedies against abusers. Early recognition and reporting of suspected abuse are crucial in protecting vulnerable elderly individuals and ensuring their wellbeing.
In the coming months, Bizer & DeReus will be publishing a comprehensive series of articles examining LA R.S. 14:403.2 in detail. These articles will break down the component of the statute, providing real-world examples and practical guidance. The series will explore specific topics such as the statute’s reporting requirements, enforcement mechanisms, and the legal remedies available to victims of elder abuse.
Additionally, Bizer & DeReus will be producing in-depth analyses of other key Louisiana laws protecting elderly individuals. These articles will cover related statutes addressing everything from nursing home regulations to financial exploitation protections. By providing this detailed information, Bizer & DeReus aims to help families and elderly individuals better understand and utilize the legal protections available to them.