§ 15:1503 — Definitions

§1503. Definitions
For the purposes of this Chapter, the following terms shall have the following
meanings, unless the context clearly indicates a different meaning:
(1) "Abandonment" means the desertion or willful forsaking of an adult by anyone
having care or custody of that person under circumstances in which a reasonable person
would continue to provide care and custody.
(2) "Abuse" means the infliction of physical or mental injury, or actions which may
reasonably be expected to inflict physical injury, on an adult by other parties, including but
not limited to such means as sexual abuse, abandonment, isolation, exploitation, or extortion
of funds or other things of value.
(3) "Adult" means any individual eighteen years of age or older, or an emancipated
minor who, due to a physical, mental, or developmental disability or the infirmities of aging,
is unable to manage his own resources, carry out the activities of daily living, or protect
himself from abuse, neglect, or exploitation.
(4)(a) "Adult protection agency" means the office of elderly affairs in the office of
the governor, for any individual sixty years of age or older in need of adult protective
services as provided in this Chapter.
(b) "Adult protection agency" means the Louisiana Department of Health for any
individual between the ages of eighteen and fifty-nine years of age in need of adult protective
services as provided in this Chapter. The secretary of the Louisiana Department of Health
may assign the duties and powers provided in this Chapter to any office of the department
for provision of adult protective services, as provided in this Chapter.
(5) "Capacity to consent" means the ability to understand and appreciate the nature
and consequences of making decisions concerning one's person, including but not limited to
provisions for health or mental health care, food, shelter, clothing, safety, or financial affairs.
This determination may be based on assessment or investigative findings, observation, or
medical or mental health evaluations.
(6) "Caregiver" means any person or persons, either temporarily or permanently,
responsible for the care of a person who is aged or an adult with a physical or mental
disability. "Caregiver" includes but is not limited to adult children, parents, relatives,
neighbors, daycare personnel, adult foster home sponsors, personnel of public and private
institutions and facilities, adult congregate living facilities, and nursing homes which have
voluntarily assumed the care of a person who is aged or an adult with a disability, have
assumed voluntary residence with a person who is aged or an adult with a disability, or have
assumed voluntary use or tutelage of the assets, funds, or property of a person who is aged
or a person with a disability, and specifically shall include city, parish, or state law
enforcement agencies.
(7) "Exploitation" means the illegal or improper use or management of the funds,
assets, or property of a person who is aged or an adult with a disability, or the use of power
of attorney or guardianship of a person who is aged or an adult with a disability for one's own
profit or advantage.
(8) "Extortion" is the acquisition of a thing of value from an unwilling or reluctant
adult by physical force, intimidation, or abuse of legal or official authority.
(9) "Isolation" includes:
(a) Intentional acts committed for the purpose of preventing, and which do serve to
prevent, an adult from having contact with family, friends, or concerned persons. This shall
not be construed to affect a legal restraining order.
(b) Intentional acts committed to prevent an adult from receiving his mail or
telephone calls.
(c) Intentional acts of physical or chemical restraint of an adult committed for the
purpose of preventing contact with visitors, family, friends, or other concerned persons.
(d) Intentional acts which restrict, place, or confine an adult in a restricted area for
the purposes of social deprivation or preventing contact with family, friends, visitors, or
other concerned persons. However, medical isolation prescribed by a licensed physician
caring for the adult shall not be included in this definition.
(10) "Neglect" means 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 his well-being. No adult who is being provided treatment in accordance
with a recognized religious method of healing in lieu of medical treatment shall for that
reason alone be considered to be neglected or abused.
(11) "Protective services" includes but is not limited to:
(a) Conducting investigations and assessments of complaints of possible abuse,
neglect, or exploitation to determine if the situation and condition of the adult warrant further
action.
(b) Preparing a social services plan utilizing community resources aimed at
remedying abuse, neglect, and exploitation.
(c) Case management to assure stabilization of the situation.
(d) Referral for legal assistance to initiate any necessary extrajudicial remedial
action.
(12) "Self-neglect" means the failure, either by the adult's action or inaction, to
provide the proper or necessary support or medical, surgical, or any other care necessary for
his own well-being. No adult who is being provided treatment in accordance with a
recognized religious method of healing in lieu of medical treatment shall for that reason
alone be considered to be self-neglected.
(13) "Sexual abuse" means abuse of an adult, as defined in this Section, when any
of the following occur:
(a) The adult is forced, threatened, or otherwise coerced by a person into sexual
activity or contact.
(b) The adult is involuntarily exposed to sexually explicit material, sexually explicit
language, or sexual activity or contact.
(c) The adult lacks the capacity to consent, and a person engages in sexual activity
or contact with that adult.

Legislative History

Acts 2008, No. 181, §2, eff. June 13, 2008; Acts 2010, No. 342, §1; Acts 2014, No. 811, §7, eff. June 23, 2014.