2025 Georgia Codes – Page 37

(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.
(b) The provisions of this Code section shall not apply to a physician nor any person acting under a physi-
cian’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 institu-
tion 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.
(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 condi-
tion, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the
person.
(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.