ELDER ABUSE:
SOCIAL WORKER TRACK
ETHICS
Presented by
Harold S. Bartholomew, Jr.
Assistant District Attorney:
Elder Abuse Protection Unit
22nd Judicial District
Walter P. Reed, District Attorney
World Elder Abuse
Awareness Day 2012
June 11, 2012
 The opinions expressed herein are not
necessarily the opinions of the District
Attorney’s Office. Each and every case is
evaluated in light of the facts particular to
that case.
The aging of America
 Between 1950 & 2000, the total population
increased by 87%
 Age 65+ - by 188%
 85+ - by 635%
 By 2030 - 65+ will triple to over 70 million
Percent of Total Population Age 65 and Over:
1900 to 2000
14
12
1.2
1.5
1
10
0.5
0.04
5.6
6.1
6.1
6.9
7.3
1990
75-84
1970
4.8
85+
2.2
1960
3
3.8
4.4
3
1950
2.9
3.3
1920
0.2
1.2
1910
2
0.2
1.1
1900
4
0.2
1
0.3
1.3
1930
6
0.3
1.7
2.6
4
3.4
1980
8
0.7
65-74
6.5
2000
1940
0
Source: U.S. Census Bureau, decennial census 1900 to 2000
A growing Elderly population
Percent Aged 65 and Over of the Total
Population 2000 to 2050
30
20
12.4
13
2000
2010
16.3
19.6
20.4
20.6
2030
2040
2050
10
0
2020
Source: U.S. Census Bureau
Population Growth
Population aged 65 and over, Millions
90
80
70
60
50
40
30
20
10
0
80
86.7
71.5
54.6
35
2000
40.2
2010
Source: U.S. Census Bureau.
2020
2030
2040
2050
Mandatory Reporting
 La. R.S. 14:403.2 C. Any person, including but not
limited to a health, mental health, and social service
practitioner, having cause to believe that an adult's
physical or mental health or welfare has been or may
be further adversely affected by abuse, neglect, or
exploitation shall report in accordance with
Subsection D of this Section.
Mandatory Reporting
 La. R.S. 14:403.2 requires reporting of abuse by
ANY PERSON “having cause to believe.”
 Failure to report is punishable by up to six months
imprisonment and/or a five-hundred dollar fine.
Who do I call?
 R.S. 15:1505. Contents of report and agency to
receive report
 Report shall be made to any adult protection
agency or to any local or state law enforcement
agency.
 Need not name the persons suspected
 Contain, name and address of the adult, the
name and address of the person responsible for
the care of the adult, if available, and any other
pertinent information.
To Contact EPS
 New Orleans Region
 Phone: (504) 832-1644
 Toll Free (In-state only): 1-800-673-4673
 Fax: (504) 835-0409
 State office Hotline: 800-259-4990
 http://goea.louisiana.gov
 http://goea.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&
pid=5&pnid=2&nid=16
Office of Aging and Adult Services
 The Office of Aging and Adult Services
(OAAS), Adult Protective Services (APS) DHH
as the agency responsible for carrying out the
mandate of 14:403.2 with regard to adults
with disabilities ages 18-59
 (225) 342-9057 or (800) 898-4910
 Fax (225) 342-9069
 http://www.dhh.state.la.us/offices/Default.asp?ID=95&Print=1
Investigation
 R.S. 15:1507. Investigation of reports,
assessment, actions taken, and court orders
 Elderly Protective Services or Dept. Health &
Hospitals (fact dependent) shall investigate
 Face to face interview with adult
 Access to any records or documents, including
client-identifying information and medical,
psychological, criminal or financial records
necessary…
 Agency is exempt from payment of fees for
records
Understanding the Dynamics
 Fears of many seniors
 Leads to underreporting
 Feelings of shame
 Concern that exposure will lead to loss of
independence
 Sometimes accompanied by threats from
perpetrator
Most Common Forms of Abuse
 Of substantiated reports
 Self-neglect was the most common 37%
 Caregiver neglect 20%
 Financial exploitation 15%
Lessons learned from Domestic
Violence and Child Abuse
 Self-determination is not the answer
 If not punished, the perpetrator WILL abuse again
 We CAN convict even without the assistance of the
victim
 Abuse is a crime against not just the abused but
the taxpayers and the family of the victim
No one is beyond abuse
 65.7% female
 42.8% were over 80 years of age
 89.3% in domestic settings
 6.2% of substantiated reports were in long-term
care settings,
Who Are The Perpetrators?
 53% of alleged perpetrators were female
 75% of alleged perpetrators under 60
 Most common relationships
 adult child 33%
 other family member 22%
Code Of Ethics
 Code of Ethics
of the National Association of Social
Workers
 Approved by the 1996 NASW Delegate
Assembly and revised by the 2008 NASW
Delegate Assembly
 http://www.socialworkers.org/pubs/code/c
ode.asp
Ethical Principles
 The following broad ethical principles are
based on social work’s core values of service,
social justice, dignity and worth of the
person, importance of human relationships,
integrity, and competence. These principles
set forth ideals to which all social workers
should aspire.
Value: Service
 Ethical Principle: Social workers’ primary goal
is to help people in need and to address social
problems.
Value: Social Justice
 Ethical Principle: Social workers challenge
social injustice.
Value: Dignity and Worth of
the Person
 Ethical Principle: Social workers respect the
inherent dignity and worth of the person.
Value: Importance of Human
Relationships
 Ethical Principle: Social workers recognize the
central importance of human relationships.
Value: Integrity
 Ethical Principle: Social workers behave in a
trustworthy manner
Value: Competence
 Ethical Principle: Social workers practice
within their areas of competence and develop
and enhance their professional expertise.
Ethics and the Elderly
 More than half of abuse is self-neglect or
committed by family
 Social Workers are arguably the best situated
to prevent, minimize and treat the results of
these problems
Ethical Standards
 The following ethical standards are relevant to the
professional activities of all social workers. These standards
concern (1) social workers’ ethical responsibilities to clients,
(2) social workers’ ethical responsibilities to colleagues, (3)
social workers’ ethical responsibilities in practice settings,
(4) social workers’ ethical responsibilities as professionals,
(5) social workers’ ethical responsibilities to the social work
profession, and (6) social workers’ ethical responsibilities to
the broader society.
 Some of the standards that follow are enforceable
guidelines for professional conduct, and some are
aspirational. The extent to which each standard is
enforceable is a matter of professional judgment to be
exercised by those responsible for reviewing alleged
violations of ethical standards.
1. SOCIAL WORKERS’ ETHICAL
RESPONSIBILITIES TO CLIENTS
 1.02 Self Determination
 1.06 Conflicts of Interest
 1.07 Privacy and Confidentiality
 1.14 Clients Who Lack DecisionMaking
Capacity
1.02 Self Determination
 Social workers respect and promote the right
of clients to self-determination and assist
clients in their efforts to identify and clarify
their goals. Social workers may limit clients’
right to self-determination when, in the social
workers’ professional judgment, clients’
actions or potential actions pose a serious,
foreseeable, and imminent risk to themselves
or others.
A Note on Visitors
 The Elderly Person
 Is Always In Charge
 Of Visitors
 NOT a relative
 NOT a person with Power of Attorney
 Only where Committed or Interdicted does
this change
1.06 Conflicts of Interest
 Hard to spot
 Where lawyers get into a lot of trouble
1.06 Conflicts of Interest
 (a) Social workers should be alert to and avoid
conflicts of interest that interfere with the
exercise of professional discretion and impartial
judgment. Social workers should inform clients
when a real or potential conflict of interest arises
and take reasonable steps to resolve the issue in
a manner that makes the clients’ interests
primary and protects clients’ interests to the
greatest extent possible. In some cases,
protecting clients’ interests may require
termination of the professional relationship with
proper referral of the client.
1.06 Conflicts of Interest
 (b) Social workers should not take unfair
advantage of any professional relationship or
exploit others to further their personal,
religious, political, or business interests.
1.06 Conflicts of Interest
 (c) Social workers should not engage in dual or
multiple relationships with clients or former clients
in which there is a risk of exploitation or potential
harm to the client. In instances when dual or
multiple relationships are unavoidable, social
workers should take steps to protect clients and are
responsible for setting clear, appropriate, and
culturally sensitive boundaries. (Dual or multiple
relationships occur when social workers relate to
clients in more than one relationship, whether
professional, social, or business. Dual or multiple
relationships can occur simultaneously or
consecutively.)
1.06 Conflicts of Interest
 (d) When social workers provide services to two or more
people who have a relationship with each other (for
example, couples, family members), social workers should
clarify with all parties which individuals will be considered
clients and the nature of social workers’ professional
obligations to the various individuals who are receiving
services. Social workers who anticipate a conflict of interest
among the individuals receiving services or who anticipate
having to perform in potentially conflicting roles (for
example, when a social worker is asked to testify in a child
custody dispute or divorce proceedings involving clients)
should clarify their role with the parties involved and take
appropriate action to minimize any conflict of interest.
1.06 Conflicts of Interest
 Let’s discuss:
 Gifts?
 How big is too big?
 How big will a family member see as too big?
 How big will law enforcement see as too big?
 Family Members
 Get close to Elder and their adult child?
Undue Influence
 Louisiana recognizes the concept of undue
influence in La. C. C. Art. 1479.
 A donation inter vivos or mortis causa shall be
declared null upon proof that it is the product
of influence by the donee or another person
that so impaired the volition of the donor as
to substitute the volition of the donee or
other person for the volition of the donor.
Warning Signs of Undue
Influence
 Isolation of elder from social contact, family,
friends
 Control of elder’s mail, phone calls, visitors,
outings
 Promises to elder she/he will be taken care of
for life
 Elderly Protective Services will investigate
complaints of Isolation
1.07 Privacy and
Confidentiality
 (e) Social workers should discuss with clients and
other interested parties the nature of
confidentiality and limitations of clients’ right to
confidentiality. Social workers should review
with clients circumstances where confidential
information may be requested and where
disclosure of confidential information may be
legally required. This discussion should occur as
soon as possible in the social worker client
relationship and as needed throughout the
course of the relationship.
1.07 Privacy and
Confidentiality
 Does 1.07 allow disclosure to EPS?
 Nursing Home Ombudsmen?
 The Office of Aging and Adult Services
(OAAS), Adult Protective Services (APS)
DHH?
 Mandatory Reporting and “disclosure of
confidential information may be legally
required. “
1.14 Clients Who Lack
DecisionMaking Capacity
 When social workers act on behalf of clients
who lack the capacity to make informed
decisions, social workers should take
reasonable steps to safeguard the interests
and rights of those clients.
 Reporting?
 Interdiction?
 Discussion?
C.C. Art. 362. Persons
subject to interdiction.
 Persons subject to mental or physical illness
or disability, whether of a temporary or
permanent nature, of such a degree as to
render them subject to interdiction, under the
provisions of Title IX hereof, remain subject to
interdiction as provided in Articles 389 to 399,
inclusive, and such other laws as may relate
thereto.
 Acts 1966, No. 496, §2.
Art. 389.
Full interdiction
 A court may order the full interdiction of a
natural person of the age of majority, or an
emancipated minor, who due to an infirmity,
is unable consistently to make reasoned
decisions regarding the care of his person and
property, or to communicate those decisions,
and whose interests cannot be protected by
less restrictive means.
Art. 390. Limited
interdiction
 A court may order the limited interdiction of
a natural person of the age of majority, or an
emancipated minor, who due to an infirmity
is unable consistently to make reasoned
decisions regarding the care of his person or
property, or any aspect of either, or to
communicate those decisions, and whose
interests cannot be protected by less
restrictive means.
Art. 391. Temporary and
preliminary interdiction
 When a petition for interdiction is pending, a
court may order a temporary or preliminary
interdiction when there is a substantial
likelihood that grounds for interdiction exist
and substantial harm to the health, safety, or
property of the person sought to be
interdicted is imminent.
Ask yourself
 Does it feel right?
 Not just ‘not wrong’ but “right”
 Would I be proud of this on the front page of
the paper?
Over 50% Of Perpetrators are
Family
 Caregiver Stress, Is There Help?
Caregiver Stress and Elder Abuse
 Caregiver Stress and Elder Abuse
 Lisa Nerenberg, M.S.W., M.P.H
 This publication was produced under a contract with the
Institute on Aging for the National Center on Elder Abuse.
The NCEA is funded by grant No. 90-AP-2144 from the U.S.
Administration on Aging, and consists of six partner
organizations: National Association of State Units on Aging,
which is the lead agency: Commission on Legal Problems of
the Elderly of the American Bar Association; the
Clearinghouse on Abuse and Neglect of the Elderly of the
University of Delaware; the San Francisco Consortium for
Elder Abuse Prevention of the Institute on Aging; National
Association of Adult Protective Services Administrators;
and National Committee for the Prevention of Elder Abuse.
 www.ncea.aoa.gov/main_site/pdf/family/caregiver.pdf
National Center on Elder Abuse
Fact Sheet
 Caregivers can:
 ■ Get help. Making use of social and support
services, including support groups, respite care,
home delivered meals, adult day care and
assessment services, can reduce the stress
associated with abuse.
 ■ Learn to recognize their “triggers,” those
factors that cause them the greatest stress or
anxiety.
National Center on Elder Abuse
Fact Sheet
 ■ Learn to recognize and understand the causes of difficult




behaviors and techniques for handling them more effectively.
■ Develop relationships with other caregivers. Caregivers with
strong emotional support from other caregivers are less likely to
report stress or to fear that they will become abusive.
■ Get healthy. Exercise, relaxation, good nutrition and adequate
rest have been shown to reduce stress and help caregivers cope.
■ Hire helpers. Attendants, chore workers, homemakers or
personal care attendants can provide assistance with most daily
activities. Caregivers who cannot afford to hire helpers may
qualify for public assistance.
■ Plan for the future. Careful planning can relieve stress by
reducing uncertainty, preserving resources and preventing crises.
A variety of instruments exist to help plan for the future including
powers of attorney, advanced directives for health care, trusts
and wills.
http://www.ncea.aoa.gov/ncearoot/Main_Site/index.aspx
http://www.ncea.aoa.gov/NCEAroot/Main_Site/Find_Help/State_Res
ources_Directory.aspx?state_id=la
Caregiver Ethics
 Is There Guidance?
A Code Of Ethics
Rule 1 - Decision-Making:
General Principles:
 Rule 1 - Decision-Making: General Principles:
 A GUARDIAN SHALL EXERCISE EXTREME
CARE AND DILIGENCE WHEN MAKING
DECISIONS
 ON BEHALF OF A WARD. ALL DECISIONS
SHALL BE MADE IN A MANNER
 WHICH PROTECTS THE CIVIL RIGHTS AND
LIBERTIES OF THE WARD AND MAXIMIZES
 INDEPENDENCE AND SELF-RELIANCE.
 1.1 The guardian shall make all reasonable efforts
to ascertain the preferences of the ward, both
past
 and current, regarding all decisions which the
guardian is empowered to make.
 1.2 The guardian shall make decisions in
accordance with the ascertainable preferences of
the ward,
 past or current, in all instances except those in
which a guardian is reasonably certain that
substantial
 harm will result from such a decision.
 1.3 When the preferences of the ward cannot
be ascertained, a guardian is responsible for
making decisions which are in the best
interests of the ward.
 1.4 The guardian shall be cognizant of his or
her own limitations of knowledge, shall
carefully consider the views and opinions of
those involved in the treatment and care of
the ward, and shall also seek independent
opinions when necessary.
 1.5 The guardian must recognize that his or her
decisions are open to the scrutiny of other
interested
 parties and, consequently, to criticism and
challenge. Nonetheless, the guardian alone is
ultimately responsible for decisions made on
behalf of the ward.
 1.6 A guardian shall refrain from decision making
in areas outside the scope of the guardianship
order and, when necessary, assist the ward by
ensuring such decisions are made in an
autonomous fashion.
Rule 2 - Relationship
Between Guardian and Ward:
 THE GUARDIAN SHALL EXHIBIT THE
HIGHEST DEGREE OF TRUST, LOYALTY, AND
FIDELITY IN RELATION TO THE WARD.
 2.1 The guardian shall protect the personal and
pecuniary interests of the ward and foster the ward’s
growth, independence and self reliance to the
maximum degree.
 2.2 The guardian shall scrupulously avoid conflict of
interest and self-dealing in relations with the ward.
 2.3 The guardian shall vigorously protect the rights
of the ward against infringement by third parties.
 2.4 The guardian shall, whenever possible, provide
all pertinent information to the ward unless the
guardian is reasonably certain that substantial harm
will result from providing such information.
Rule 3 - Custody of the Person;
Establishing a Place of Abode:
 THE GUARDIAN SHALL ASSUME LEGAL
CUSTODY OF THE WARD AND SHALL
ENSURE THE WARD RESIDES IN THE LEAST
RESTRICTIVE ENVIRONMENT AVAILABLE.
 3.1 The guardian shall be informed and aware
of the options and alternatives available for
establishing the ward’s place of abode.
 3.2 The guardian shall make decisions in
conformity with the preferences of the ward
in establishing the ward’s place of abode
unless the guardian is reasonably certain that
such a decision will result in substantial harm.
 3.3 When the preferences of the ward cannot be
ascertained or where they will result in
substantial harm, the guardian shall make
decisions with respect to the ward’s place of
abode which are in conformity with the best
interests of the ward.
 3.4 The guardian shall not remove the ward from
his or her home or separate the ward from family
and friends unless such removal is necessary to
prevent substantial harm. The guardian shall
make every reasonable effort to ensure the ward
resides at home or in a community setting.
 3.5 The guardian shall seek professional evaluations
and assessments wherever necessary to determine
whether the current or proposed placement of the
ward represents the least restrictive environment
available to the ward. The guardian shall work
cooperatively with community based organizations
which may be available to assist in ensuring that the
ward resides in a non-institutional environment.
 3.6 The guardian shall have a strong preference
against placement of the ward in an institution or
other setting which provides only custodial care.
 3.7 The guardian shall monitor the placement of
the ward on an on-going basis to ensure its
continued appropriateness, and shall consent to
changes as they become necessary or
advantageous for the ward.
 3.8 In the event that the only available
placement is not the most appropriate and least
restrictive, the guardian shall advocate for the
ward’s rights and negotiate a more desirable
placement with a minimum of delay, retaining
legal counsel to assist if necessary.
Rule 4 - Custody of the Person: Consent
to Care, Treatment and Services
 THE GUARDIAN SHALL ASSUME
RESPONSIBILITY TO PROVIDE INFORMED
CONSENT ON BEHALF OF THE WARD FOR
THE PROVISION OF CARE, TREATMENT
AND SERVICES AND SHALL ENSURE THAT
SUCH CARE, TREATMENT AND SERVICES
REPRESENTS THE LEAST RESTRICTIVE
FORM OF INTERVENTION AVAILABLE
 4.1 The guardian shall make decisions in
conformity with the preferences of the ward
when providing consent for the provision of care,
treatment and services, unless the guardian is
reasonably certain that such decisions will result
in substantial harm to the ward.
 4.2 When the preferences of the ward cannot be
ascertained or will result in substantial harm, the
guardian shall make decisions with respect to
care, treatment and services which are in
conformity with the best interests of the ward.
 4.3 In the event the only available treatment,
care or services is not the most appropriate and
least restrictive, the guardian shall advocate for
the ward’s right to a more desirable form of
treatment, care or services, retaining legal
counsel to assist if necessary.
 4.4 The guardian shall seek professional
evaluations and assessments whenever
necessary to determine whether the current or
proposed care, treatment and services represent
the least restrictive form of intervention
available.
 4.5 The guardian shall work cooperatively with
individuals and organizations which may be
available to assist in ensuring the ward receives
care, treatment and services which represent the
least restrictive form of intervention available
and are consistent with the wishes or best
interests of the ward.
 4.6 The guardian shall not consent to
sterilization, electro-convulsive therapy,
experimental treatment or service without
seeking review by the court or the ward’s
attorney or other representative.
 4.7 The guardian shall be familiar with the law
of the state regarding the withholding or
withdrawal of lifesustaining treatment.
 4.8 The guardian shall monitor the care,
treatment and services the ward is receiving
to ensure its continued appropriateness, and
shall consent to changes as they become
necessary or advantageous to the ward.
Rule 5 - Management of the
Estate:
 THE GUARDIAN OF THE ESTATE SHALL
PROVIDE COMPETENT MANAGEMENT OF
THE PROPERTY AND INCOME OF THE
ESTATE. IN THE DISCHARGE OF THIS DUTY,
THE GUARDIAN SHALL EXERCISE
INTELLIGENCE, PRUDENCE AND DILIGENCE
AND AVOID ANY SELF-INTEREST.
 5.1 Upon appointment, the guardian shall
take steps to inform himself or herself of the
statutory requirements for managing a
ward’s estate.
 5.2 The guardian shall manage the income of
the estate with the primary goal of providing
for the needs of the ward, and in certain
cases, the needs of the ward’s dependents for
support and maintenance.
 5.3 The guardian has a duty to exercise
prudence in the investment of surplus funds
of the estate.
 5.4 Where the liquid estate of the ward is
sufficient, the guardian may make such gifts
as are consistent with the wishes or past
behavior of the ward, bearing in mind both
the foreseeable requirements of the ward and
the tax advantages of such gifts.
 5.5 There shall be no self-interest in the
management of the estate by the guardian;
the guardian shall exercise caution to avoid
even the appearance of self-interest.
Role of Elderly Protective
Services and Law Enforcement
Elderly Protective Services
 Elderly Protective Services acts to prevent, remedy,
halt or hinder acts of abuse and neglect against an
elder adult in the community, while promoting the
maximum possible degree of personal freedom,
dignity and self-determination.
 Only when other efforts fail will EPS recommend
referral or admission to an appropriate care facility
for the elder adult, or
 Seek judicial remedy to the situation, DA can file
restraining order.
Records Available to EPS
 The statute also makes certain records
available to Elderly Protective Services
without an authorization or warrant.
 Note that E.P.S. does not pay a copying
charge.
Investigation
 R.S. 15:1507. Investigation of reports,
assessment, actions taken, and court orders
 Elderly Protective Services or Dept. Health &
Hospitals (fact dependent) shall investigate
 Face to face interview with adult
 Access to any records or documents, including
client-identifying information and medical,
psychological, criminal or financial records
necessary…
 Agency is exempt from payment of fees for
records
 The following slides on what EPS does and
does not do are taken from the presentation
of Ms. Lutricia McDonald done at the St.
Tammany SALT sponsored World Elder Abuse
Day Seminar in June 2009. Please see her
entire presentation available on the St.
Tammany SALT web site.
What EPS Does:
 Locate and refer individuals to community
agencies and facilities that offer the services
they need. When necessary, advocate ( that is
recommend, support and /or defend their
rights.)
What EPS Does:
 Provide short-term, limited , case
management services. That is monitor the
case for stability
 Work with law enforcement to provide
protection
What EPS Does:
 Work with the judiciary system to remedy
problems that require legal action from the
D.A. or Judge when legal intervention is
warranted. Methods of Legal intervention are
What EPS Does:
 Order to Enter Home
 Interdiction - full/limited
 Order for Injunctive Relief Restraining Order
What EPS Does:
 Order for Mandatory Counseling
 Order for Medical/Psychiatric/Psychological
Evaluation
 Power of Attorney
 Admission by Emergency Certificate
 Order for Protective Custody
What EPS Does:
 Judicial Commitment
 Protective Service Order- temporary custody
by EPS to place elder in a protected
environment until a more permanent solution
can be
arranged.
 Provide information and referral service to
individuals who do not meet the criteria for
elderly protective services.
What EPS does not do:
 EPS does not remove elders from their
homes against their will unless it is
determined that they are a danger to
themselves or others. If this is determined,
our office request an Order for Protective
Custody from the Coroner or a District Judge
and if granted, the elder is transported by a
law enforcement officer to a facility for
evaluation and/or treatment.
What EPS does not do:
 EPS does not force nursing home placement
unless a doctor/psychiatrist determines that
the elder is no longer mentally capable of
making decisions, there is no family
member/s available or willing or capable of
caring for the elder and a court of law deems
the elder incapable of caring for themselves
or having the mental capacity to know.
What EPS does not do:
 EPS does not provide discharge planning for
medical or other facilities.
What EPS does not do:
 EPS does not provide crisis intervention on an
emergency basis.
 Not on 24 hour call.
Law Enforcement
 Law Enforcement may receive calls from EPS,
DHH, other government agencies, nursing
homes, social workers, physicians, or private
individuals.
 There are many special laws protecting the
elderly.
Elder Abuse is Exploding
 Fastest growing age group
 No known cure for dementia
 Victims often do not report
 Third fastest growth job is home care
 Minimal background checks
 High temptation, low risk
Multiple criminal statutes apply
specifically to elderly victims
 14:35.2 Simple battery of the infirm. Minimum
30 days
 14:42 Aggravated Rape.
 14:50.2 Perpetration or attempted perpetration
of certain crimes of violence against a victim
sixty-five years of age or older. Adds 3 years to
maximum, at court’s discretion. Consider
putting this in the Bill of Information.
 14:67.16 C. (1) (b) Identity theft. If victim 60
years of age or older, minimum goes from 0
years to 2 years.
 14:67.21 Theft of assets of aged person,
Multiple criminal statutes apply
specifically to elderly victims, cont’d
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14:93.3 Cruelty to the infirmed,
14:93.4 Exploitation of the infirmed,
14:93.5 Sexual battery of the infirm,
14:403.2 Abuse and neglect of adults; reports;
investigation; waiver of privileges; penalties;
immunity. Makes reporting of elder abuse
mandatory, and empowers District Attorneys to take
steps to protect the elderly.
 C.E. Art. 803, Hearsay Exceptions. Keep (5)
Recorded Recollection in mind where the elderly
person is available for trial, but has an impaired
memory.
Multiple criminal statutes apply
specifically to elderly victims
 14:35.2 Simple battery of the infirm.
Minimum 30 days
 14:42 Aggravated Rape.
Multiple criminal statutes apply
specifically to elderly victims
 14:50.2 Perpetration or attempted
perpetration of certain crimes of violence
against a victim sixty-five years of age or
older. Adds 3 years to maximum, at court’s
discretion. .
 14:67.16 C. (1) (b) Identity theft. If victim 60
years of age or older, minimum goes from 0
years to 2 years.
Multiple criminal statutes apply
specifically to elderly victims
 14:67.21 Theft of assets of aged person,
 14:93.3 Cruelty to the infirmed,
Multiple criminal statutes apply
specifically to elderly victims
 14:93.4 Exploitation of the infirmed,
 14:93.5 Sexual battery of the infirm,
Enhanced Penalties
 La. R.S. 14:50.2, Perpetration or attempted
perpetration of certain “crimes of violence”
against a victim sixty-five years of age or older.
 Adds 3 years to the maximum sentence for crimes of
violence