Georgia Code
Article 8 - Protection of Elder Persons
§ 16-5-100. Definitions

As used in this article, the term:
(0.1) “Abuse of access” means the illegal taking of resources belonging to a disabled adult or elder person when access to the resources was obtained due to the disabled adult’s or elder person’s mental or physical incapacity.
(7.1) “Mentally or physically incapacitated” means an impairment which substantially affects an individual’s ability to:
History. Code 1981, § 16-5-100 , enacted by Ga. L. 2013, p. 524, § 1-1/HB 78; Ga. L. 2015, p. 598, § 1-1/HB 72; Ga. L. 2019, p. 81, § 3/HB 424; Ga. L. 2021, p. 384, § 4/HB 363.
The 2019 amendment, effective April 18, 2019, added the language beginning with “, including, but not” and ending with “physical incapacity” at the end of paragraph (6). See Editor’s note for applicability.
The 2021 amendment, effective July 1, 2021, added paragraph (0.1); and, in paragraph (6), inserted “abuse of access,” in the middle, and deleted “, including, but not limited to, the illegal taking of resources belonging to a disabled adult or elder person when access to the resources was obtained due to the disabled adult’s or elder person’s mental or physical incapacity” at the end.
Cross references.
Alzheimer’s and Related Dementias State Plan, T. 49, C. 6, Art. 8.
Editor’s notes.
Ga. L. 2013, p. 524, § 1-1/HB 78, effective July 1, 2013, redesignated former Code Section 16-5-100 as present Code Section 16-5-101.
Ga. L. 2019, p. 81, § 8/HB 424, not codified by the General Assembly, provides, in part: “Section 3 of this Act shall apply to offenses occurring on or after the effective date of this Act.” This Act became effective April 18, 2019.
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).

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