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2017 Georgia Code
Title 30 - Handicapped Persons
Chapter 5 - Protection of Disabled Adults and Elder Persons
§ 30-5-3. Definitions
Universal Citation: GA Code § 30-5-3 (2017)
- As used in this chapter, the term:
- (1) "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.
- (2) "Caretaker" means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law.
- (3) "Department" means the Department of Human Services.
- (4) "Director" means the director of the Division of Aging Services of the Department of Human Services, or the director's designee.
- (5) "Disabled adult" means a person 18 years of age or older who is not a resident, but who:
- (A) Is mentally or physically incapacitated;
- (B) Has Alzheimer's disease, as defined in Code Section 31-8-180; or
- (C) Has dementia, as defined in Code Section 16-5-100.
- (6) "Elder person" means a person 65 years of age or older who is not a resident.
- (7) "Essential services" means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent.
- (8) "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.
- (9) "Fiduciary" shall have the same meaning as set forth in Code Section 7-1-4.
- (10) "Financial institution" shall have the same meaning as set forth in Code Section 7-1-4.
- (11) "Investment company" means an individual or a corporation, a partnership, a limited liability corporation, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated that:
- (A) Is engaged or proposes to engage in the business of effecting transactions in securities;
- (B) Is engaged or proposes to engage in the business of issuing securities, or has been engaged in such business and has any certificates outstanding; or
- (C) Is engaged or holds itself out to be in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities.
- (12) "Long-term care facility" shall have the same meaning as set forth in Code Section 31-8-81.
- (13) "Mentally or physically incapacitated" means an impairment which substantially affects an individual's ability to:
- (A) Provide personal protection;
- (B) Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care;
- (C) Carry out the activities of daily living; or
- (D) Manage his or her resources.
- (14) "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.
- (15) "Protective services" means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person.
- (16) "Resident" shall have the same meaning as set forth in Code Section 31-8-81.
- (17) "Security" shall have the same meaning as set forth in Code Section 10-5-2.
- (18) "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.
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