(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when such person willfully deprives such person who is 65 years of age or older of necessary sustenance to the extent that the health or well-being of such person who is 65 years of age or older is jeopardized.

(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her direction nor to a hospital, skilled nursing facility, nor any agent or employee thereof who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, or the instructions of the patient or the patient's lawful surrogate decision maker.

(c) A person convicted of the offense of cruelty to a person who is 65 years of age or older as provided in this Code section shall be punished by imprisonment for not less than one nor more than 20 years.