2009 Louisiana Laws TITLE 14 Criminal law :: RS 14:93.4 Exploitation of the infirmed

§93.4.  Exploitation of the infirmed

A.  Exploitation of the infirmed is:

(1)  The intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of the infirmed, a disabled adult, or an aged person, including but not limited to a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.

(2)  The use of an infirmed person's, or aged person's, or disabled adult's power of attorney or guardianship for one's own profit or advantage by means of fraudulent conduct, practices, or representations.

B.  Whoever commits the crime of exploitation of the infirmed shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or both.

C.  Whoever is convicted, or who enters a plea agreement for exploitation of the infirmed shall be prohibited from having access to the victim's or any other disabled or aged person's assets or property.  The offender shall be prohibited from being appointed as a power of attorney1 or guardian for the victim or any other disabled or aged person.  The provisions of this Subsection shall not be construed to prohibit the offender from inheriting from the infirmed victim.

Acts 1992, No. 309, §1; Acts 1994, 3rd Ex. Sess., No. 26, §1; Acts 1995, No. 883, §1; Acts 1999, No. 1044, §1.

1As appears in enrolled bill.