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Elder Abuse & Elderly Protective Services
by: Elder Law Task Force
Q.

What is Elder Abuse?

A.

Louisiana law R.S. 14:403.2 protects people who are 60 or older from physical or emotional abuse as well as neglect by care givers. The law also protects seniors from self neglect. The law protects seniors from other people misusing or stealing their money.

An agency funded by the state, Elderly Protective Services (EPS), looks into and resolves situations that are abusive. You can reach EPS at 1-800-259-4990.

EPS does not handle cases of nursing home abuse or of abuse in group homes. Those cases go to the Ombudsman Program 1-800-960-7705.

Q.

What are some signs of Elder Abuse?

A.

Physical harm, such as pushing, hitting, restraining the person.

Emotional and verbal bullying, such as screaming, threatening or insulting the person.

The care giver isolating the person, or the older person becoming isolated to the point of danger.

Sexual abuse, particularly against a person who does not consent.

Neglect, such as not providing for medicine, medical care, food, personal care, utilities, or daily needs.

Over medication.

Self-neglect to the point of danger.

Stealing or misusing money, property or the possessions of the person.

Q.

What is the Elderly Protective Services (EPS) Program?

A.

EPS is funded by the state government. It has regional offices covering the entire state. In some cities, it is run as a state agency. In other areas it?s a private agency who signs a contract with the state to do this work. The staff takes reports of possible abuse against older persons and looks into them. If the investigation shows abuse is happening, EPS will act to stop it and prevent future abuse.

In doing this work, EPS sticks to its goal of giving the victim the most personal freedom, dignity and self-determination they can. The victims are very involved in making decisions about what they want done about the abusive situations. EPS will recommend putting the victim in an appropriate care facility, only when all other efforts fail.

Q.

Who should contact Elderly Protective Services (EPS)?

A.

EVERYONE - Doctors, dentists, nurses, social workers, counselors, police officers, psychologists, coroners, podiatrists, occupational therapists, osteopaths, probation officers, staff of homemaker and home health agencies, or nursing facilities, financial directors, bank tellers, family members, neighbors and friends.

The law requires you to make a report to EPS if you have reasonable cause to believe an older person is being abused or neglected by a caregiver or by himself/herself. (The law recognizes the attorney-client privilege and the minister/priest-penitent privilege as the only exceptions to the rule that everyone has a duty to report abuse of older people.)

Q.

What should be reported to EPS when an incident occurs?

A.

Simply use your eyes and ears. Any unusual signs coul mean abuse. These could be burns, bruises, black or swollen eyes, broken bones, dilated pupils, evidence of restraints, bedsores, lack of clothing or dirty clothing, body odor, dehydrated or starved appearance, no utilities in the home, personal property missing, no food or medication, frequent change in doctors, no visitors allowed, the victim saying he or she is afraid or ashamed.

Q.

I am afraid to call EPS. 

A.

Okay, so you aren?t an expert on what may be abuse. Its easier to do nothing instead of "getting involved". To help make it easier on you to file a report with EPS the law says the following:

If you act in good faith by reporting what you think may be abuse or neglect, you cannot be told by a court to pay damages, even if no abuse is discovered. Also no criminal charges can be brought against you if you acted in good faith.

If you know of abuse and fail to report it, you could be charged with a crime and either fined or jailed.

All reports are confidential. Your name will not be revealed to the people being investigated.

Q.

What happens after a report is made?

A.

EPS staff look at the report. If a case does not fall into those they take, the case is referred to other agencies, programs or local resources that may be better able to help the victim. (For instance if it?s a complaint about a nursing home, it goes to the Ombudsman program.)

EPS staff investigate the rest of the cases to decide if the abuse is happening. EPS program staff sometimes request physical, psychiatric or psychological tests if they think they are needed.

If abuse is taking place, then EPS makes a plan to solve the problem using local resources. This could mean finding someone the victim trusts to help handle money. It could be setting up meals on wheels or homemaker services for the victim. EPS staff sometimes helps the victim move to another home. Other times they force the abuser to move and stay away from the victim. EPS staff monitor this plan at each step until the situation is stabilized. When staff sees that a case of abuse or neglect calls for it, they may seek court orders, like making the abuser return property they took from the victim. They may send the case to the local District Attorney for civil action or criminal prosecution.

Q.

How can I report abuse or neglect to EPS?

A.

Call the toll-free EPS Statewide Hotline (from within Louisiana only) at 1-800-259-4990 or, if out of state, call 1-225-342-9722.

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Last Reviewed On: 09/13/06
 

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