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§ 16-5-100 - Cruelty to a person 65 years of age or older

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O.C.G.A.16-5-100 (2010) 16-5-100.Cruelty to a person 65 years of age or older (a)Aguardian or other person supervising the welfare of or having immediatecharge or custody of a person who is 65 years of age or older commitsthe offense of cruelty to a person who is 65 years of age or older whenthe person willfully deprives a person who is 65 years of age or olderof health care, shelter, or necessary sustenance to the extent that thehealth or well-being of a person who is 65 years of age or older isjeopardized.(b)The provisions of thisCode section shall not apply to a physician nor any person acting under aphysician's direction nor to a hospital, skilled nursing facility,hospice, nor any agent or employee thereof who is in good faithfollowing a course of treatment developed in accordance with acceptedmedical standards or who is acting in good faith in accordance with aliving will, a durable power of attorney for health care, an advancedirective for health care, an order not to resuscitate, or theinstructions of the patient or the patient's lawful surrogate decisionmaker, nor shall the provisions of this Code section require anyphysician, any institution licensed in accordance with Chapter 7 ofTitle 31 or any employee or agent thereof to provide health careservices or shelter to any person in the absence of another legalobligation to do so.(b.1)The provisionsof this Code section shall not apply to a guardian or other personsupervising the welfare of or having immediate charge or control of aperson who is 65 years of age or older who in good faith providestreatment by spiritual means alone through prayer for the person'sphysical or mental condition, in lieu of medical treatment, inaccordance with the practices of and written notarized consent of theperson.(c)A person convicted of theoffense of cruelty to a person who is 65 years of age or older asprovided in this Code section shall be punished by imprisonment for notless than one nor more than 20 years.
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  • O.C.G.A. 16-5-100 (2010)
    16-5-100. Cruelty to a person 65 years of age or older


    (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 the person willfully deprives a person who is 65 years of age or older of health care, shelter, or necessary sustenance to the extent that the health or well-being of a 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 a physician's direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards 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, 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 institution licensed in accordance with Chapter 7 of Title 31 or any employee or agent thereof to provide health care services or shelter to any person in the absence of another legal obligation to do so.

    (b.1) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge or control of a person who is 65 years of age or older who in good faith provides treatment by spiritual means alone through prayer for the person's physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person.

    (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.

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