Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Georgia’s Disabled Adults and Elder Persons Protection Act provides reporting, investigative, and protective services for abused, neglected, or exploited disabled adults and elder persons. The law allows reporting of suspected abuse, neglect, or exploitation and requires certain people to report. The law defines relevant terms as follows:
“Abuse” means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person.
“Elder person” means a person 65 years of age or older who is not a resident [of a care facility].
“Exploitation” means the illegal or improper use of a disabled adult or elder person or that person’s resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one’s own or another’s profit or advantage.
“Neglect” means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person.
“Sexual abuse” means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct: (A) Lewd exhibition of the genitals or pubic area of any person; (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person’s unclothed genitals, pubic area, or buttocks or with a female’s nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.
Georgia specifically criminalizes abuse of a vulnerable adult. The following are crimes under Georgia’s criminal laws:
- Neglect of a disabled adult, elder person or resident.
- Exploitation and intimidation of disabled adults, elder persons, and residents; obstruction of investigation.
- Trafficking of a disabled adult, elder person, or resident.
Crimes may be considered felonies or misdemeanors, depending on the circumstances.
Ga. Code § 30-5-1 through 30-5-10
Ga. Code § 16-5-100 through Ga. Code § 16-5-105
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