Title 30, Chapter 5, Section 3
As used in this chapter, the term:
(1) "Abuse" means the willful infliction of physical pain,
physical injury, mental anguish, unreasonable confinement, or the
willful deprivation of essential services to a disabled adult or
(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) "Court" means the probate court for the county of residence of
the disabled adult or elder person or the county in which such
person is found. In any case in which the judge of the probate
court is unable to hear a case brought under this chapter within
the time required for such hearing, such judge shall appoint a
person to serve and exercise all the jurisdiction of the probate
court in such case. Any person so appointed shall be a member of
the State Bar of Georgia and be otherwise qualified for his or her
duties by training and experience. Such appointment may be made on
a case-by-case basis or by making a standing appointment of one or
more persons. Any person receiving such standing appointment shall
serve at the pleasure of the judge making the appointment or said
judge's successor in office to hear such cases if and when
necessary. The compensation of a person so appointed shall be as
agreed upon by the judge who makes the appointment and the person
appointed, with the approval of the governing authority of the
county for which such person is appointed, and shall be paid from
the county funds of such county. All fees collected for the
services of such appointed person shall be paid into the general
funds of the county served.
(4) "Department" means the Department of Human Resources.
(5) "Director" means the director of the county department of
family and children services, or the director's designee, in the
county in which the disabled adult or elder person resides or is
(6) "Disabled adult" means a person 18 years of age or older who
is not a resident of a long-term care facility, as defined in
Article 4 of Chapter 8 of Title 31, but who is mentally or
(7) "Disabled adult in need of protective services" means a
disabled adult who is subject to abuse, neglect, or exploitation
as a result of that adult's mental or physical incapacity.
(7.1) "Elder person" means a person 65 years of age or older who
is not a resident of a long-term care facility as defined in
Article 4 of Chapter 8 of Title 31.
(8) "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.
(9) "Exploitation" means the illegal or improper use of a disabled
adult or elder person or that person's resources for another's
profit or advantage.
(10) "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.
(11) "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.