Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 5. CRIMES AGAINST THE PERSON · Article 8. PROTECTION OF ELDER PERSONS

16-5-101. Neglect to a disabled adult, elder person, or resident.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.#

  2. (b)

    The provisions of this Code section shall not apply to a physician nor any person acting under a physician’s direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, an order not to resuscitate, or the instructions of the patient or the patient’s lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31, or any employee or agent thereof to provide essential services or shelter to any person in the absence of another legal obligation to do so.#

  3. (c)

    The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident who in good faith provides treatment by spiritual means alone through prayer for the person’s physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person.#

  4. (d)

    A person who commits the offense of neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-5-100, enacted by Ga. L. 2000, p. 1085, § 2; Ga. L. 2002, p. 648, § 1; Ga. L. 2007, p. 133, § 6/HB 24; Code 1981, § 16-5-101, as redesignated by Ga. L. 2013, p. 524, § 1-1/HB 78; Ga. L. 2015, p. 305, § 4/SB 109; Ga. L. 2022, p. 611, § 2-3/HB 752.

Amendments

The 2022 amendment, effective July 1, 2022, inserted “a psychiatric advance directive,” near the middle of subsection (b).

Cross references

Psychiatric advance directives, § 37-11-1 et seq.

Law reviews

For article, “HB 752: Psychiatric Advance Directive Act,” see 39 Ga. St. U.L. Rev. 191 (2022).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-pdf.pdf, Volume V14, 2019 edition, 2025 supplement, pages 155 to 156; merge action: replaced; file SHA-256 575f9121d25f.