Elder Abuse is a Crime Louisiana Revised Statute 14:403.2 defines abuse to anyone over the age of 60 as a crime.

CLIENT RIGHTS Receive voluntary protective services if he or she consents to these services; Participate in all decisions regarding his or her welfare; Choose the least restrictive alternative that meets his or her needs; Refuse medical treatment or service recommendations; Withdraw from or refuse protective services in self neglect cases; Confidentiality of investigations.

Types of Abuse: Physical Abuse Sexual Abuse Emotional Abuse Abandonment Caregiver Neglect Self Neglect Financial Exploitation Extortion

Physical Abuse The use of physical force that may result in bodily injury, physical pain, or impairment. Examples: hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. Less Recognized Examples: inappropriate use of drugs and physical restraints, force-feeding and physical punishment of any kind. NCEA Website:

Physical Abuse; Signs to look for: Bruises, black eyes, welts, lacerations, and rope marks Bone fractures, broken bones, and skull fractures Open wounds, cuts, punctures, untreated injuries in various stages of healing Sprains, dislocations, and internal injuries/bleeding Broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained Laboratory findings of medication overdose or under utilization of prescribed drugs Statement of the client of being slapped, kicked, or mistreated. Sudden changes in the elder’s behavior Caregiver’s refusal to allow visitors to see an elder alone.* NCEA Website:

Sexual Abuse Non-consensual sexual contact of any kind with an elderly person. Sexual contact with any person incapable of giving consent is also considered sexual abuse. NCEA Website:

Sexual Abuse: Signs to look for Bruises around the breasts or genital area Unexplained venereal disease or genital infections Unexplained vaginal or anal bleeding Torn, strained, or bloody underclothing Statements made by the elder of being sexually assaulted or raped* NCEA Website:

Emotional Abuse The infliction of anguish, pain or distress through verbal or non-verbal acts. Examples: verbal assaults, insults, threats, intimidation, humiliation, and harassment. Less Obvious Examples: Treating an older person like a child, isolating an elderly person from his/her family and friends or regular activities, and giving the “silent treatment”. NCEA Website:

Emotional Abuse; Signs to look for Being emotionally upset or agitated Being extremely withdrawn and non- communicative or non-responsive Unusual behavior usually attributed to dementia (ie; sucking, biting, rocking) Elders statements of being verbally or emotionally abused* NCEA Website:

Abandonment The desertion of an elderly person by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder. NCEA Website:

Abandonment; Signs to look for The desertion of an elder at a hospital, or nursing facility The desertion of an elder at a shopping mall An elder’s statement of being abandoned* NCEA Website:

Caregiver Neglect 1.According to Louisiana law, a Caregiver is any person or persons, either temporarily or permanently, responsible for the care of an aged person or a physically or mentally disabled person. 2.Caregiver Neglect: Is the failure, by a caregiver responsible for an adult’s care or by other parties, to provide the proper or necessary support or medical, surgical, or any other care necessary for the adult’s well-being. 3.Typically, Neglect means the refusal or failure to provide an elderly person with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and/or other essentials. NCEA Website: LA.R.S.14:403.2

Caregiver Neglect: Signs to look for Dehydration, malnutrition, untreated bed sores, and poor personal hygiene Unattended or untreated health problems Hazardous or unsafe living conditions (ie; improper wiring, no heat, or no running water) Unsanitary and unclean living conditions (ie; dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing) An elder’s statement of being neglected* NCEA Website:

Self Neglect The behavior of an elderly person that threatens his/her own health or safety. Typically manifests itself in an elderly person who refuses or fails to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication, and/or safety precautions. Louisiana Law states: “Protective Services may not be provided in cases of self-neglect to any adult having the capacity to consent, who does not consent to such service or who, having consented, withdraws such consent.” NCEA Website: LA.R.S.14:403.2

Self Neglect; Signs to look for Dehydration, malnutrition, untreated bed sores, and poor personal hygiene Unattended or untreated health problems Hazardous or unsafe living conditions (ie; improper wiring, no heat, or no running water) Unsanitary and unclean living conditions (ie; dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing) Lack of necessary medical aids (ie; dentures, hearing aids) Is the client confused or disoriented* NCEA Website:

Financial Exploitation The illegal or improper use of an elder’s funds, property, or assets. Examples: cashing one’s check without authorization or permission; forging a signature; misusing or stealing one’s money or possessions; coercing or deceiving a person into signing any documents; improper use of a power of attorney or guardianship. NCEA Website:

Financial Exploitation; Signs to look for Sudden changes in bank account or banking practices New names added to the client’s bank account and signature card Unauthorized ATM withdrawals Abrupt changes in the elder’s Will Unexplained disappearance of money of possessions Bills going unpaid when resources should be adequate Signatures being forged Previously uninvolved relatives start to appear, claiming their rights to an elder’s funds or assets Unexplained sudden transfer of assets to a family member or someone outside of the family The elder’s statements of being financially exploited* NCEA Website:

Extortion The acquisition of a thing of value from an unwilling or reluctant adult by physical force, intimidation, or abuse of legal or official authority. LA.R.S.14:403.2

Extortion; Signs to look for Same basic signs as financial exploitation May have physical signs (ie; bruising, etc) May verbalize fears of being alone. Statements of the elder of being extorted.*

Who Reports It?

According to Louisiana Law: EVERYONE IS A MANDATORY REPORTER.

Who Do You Report To?

Elderly Protective Services: Is the state agency delegated to investigate abuse, neglect and exploitation to elderly citizens over the age of 60. There are 8 Regional Offices Across the State.

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.) Provide short-term, limited, case management services. That is monitor the case for stability Work with law enforcement to provide protection 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 Order to Enter Home Interdiction - full/limited Order for Injunctive Relief- Restraining Order Order for Mandatory Counseling Order for Medical/Psychiatric/Psychological Evaluation Power of Attorney Admission by Emergency Certificate Order for Protective Custody 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: We do 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. We do 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. We do not provide discharge planning for medical or other facilities. We do not provide crisis intervention on an emergency basis. We are not on 24 hour call.

STATE OFFICE: 412 North Fourth Street Baton Rouge, LA Telephone # (225) Toll Free # (800) Fax # (225) Nationwide Toll-Free Elder Care Locator Number 1 –