Best Elder Abuse Law Lawyers in Georgia
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
List of the best lawyers in Georgia, United States
Browse elder abuse law law firms by city in Georgia
Refine your search by selecting a city.
About Elder Abuse Law in Georgia, United States
Elder abuse law in Georgia is a set of legal protections and remedies designed to safeguard adults aged 65 and over, as well as adults aged 18 and up who are disabled or otherwise at risk. Elder abuse can include physical abuse, emotional abuse, neglect, financial exploitation, abandonment, and self-neglect. Georgia's laws serve not only to punish offenders but also to protect and support vulnerable adults and their families. The legal system offers avenues for victims and their loved ones to seek justice and safety through reporting mechanisms, protective orders, and criminal prosecution.
Why You May Need a Lawyer
Elder abuse law is complex, and victims or their families may face difficult situations requiring professional guidance. Here are common scenarios where consulting a lawyer is important:
- You suspect a loved one in a nursing home or care facility is being mistreated or neglected.
- You or someone you know is being financially exploited by a caregiver, relative, or power of attorney.
- You need to pursue restraining or protective orders to prevent further abuse.
- You want to understand your rights and options after reporting abuse to authorities.
- Your concerns have not been adequately addressed by an institution or social services.
- You need help navigating the criminal justice system if abuse is reported or charges are filed.
- You have concerns about guardianship or concerns about someone misusing legal authority over an elder.
A lawyer with expertise in elder abuse law can provide advice on legal remedies, handle communication with agencies, represent your interests in court, and help ensure justice and compensation.
Local Laws Overview
Georgia law provides strong protections for elderly and disabled adults. The primary statutes are found in the Official Code of Georgia Annotated (OCGA) Title 30, Chapter 5: the "Disabled Adults and Elder Persons Protection Act."
Key aspects include:
- Mandatory reporting: Certain professionals (such as healthcare workers, law enforcement, and social workers) are required by law to report suspected elder abuse, neglect, or exploitation.
- Types of abuse: The law recognizes multiple forms of abuse, including physical injury, emotional distress, sexual assault, deprivation of essential services, and financial exploitation.
- Protective actions: Authorities can investigate reports, remove at-risk individuals to safer environments, and petition the court for protective orders or temporary guardianship.
- Criminal penalties: Perpetrators can face misdemeanor or felony charges, fines, imprisonment, and orders of restitution or repayment.
- Civil remedies: Victims and families can pursue lawsuits for damages in civil court in cases of wrongful harm or losses.
- Special courts and procedures: Georgia courts handle elder abuse matters with urgency and sensitivity, often with specific dockets or programs for vulnerable adults.
Frequently Asked Questions
What is considered elder abuse in Georgia?
Elder abuse in Georgia includes physical injury, emotional abuse, sexual assault, neglect by a caregiver, abandonment, self-neglect, and financial exploitation or theft.
Who is required to report elder abuse in Georgia?
Healthcare providers, law enforcement, social workers, adult day care employees, financial institution staff, and other designated professionals are mandatory reporters under Georgia law. However, anyone can and should report suspected abuse.
How do I report suspected elder abuse?
Call the Georgia Department of Human Services Division of Aging Services Adult Protective Services hotline or report to local law enforcement. In emergencies, call 911.
What happens after I report elder abuse?
Adult Protective Services or law enforcement will investigate the situation, assess the safety of the elder, and may provide services or take protective legal action if necessary.
Can elder abuse be prosecuted criminally?
Yes. Abusers can face criminal prosecution with penalties that may include jail or prison time, fines, probation, and restitution to victims.
What if the elder refuses help?
While adults generally have the right to refuse services, intervention may occur if the individual is mentally incapacitated or in immediate danger, subject to court approval.
Can I sue for elder abuse in civil court?
Yes. Families or victims can pursue civil lawsuits seeking compensation for physical, emotional, or financial harm caused by abuse or neglect.
What are the signs of elder financial exploitation?
Unusual changes in bank accounts, unauthorized withdrawals, sudden changes in wills or power of attorney, missing property, or unpaid bills may indicate exploitation.
Is self-neglect considered elder abuse?
Yes. Self-neglect, where an elder fails to care for themselves to the extent their health or safety is at risk, is treated as a form of elder abuse under Georgia law.
Can I get a protective order for an elder?
Yes. Courts can issue protective or restraining orders to keep abusers away from vulnerable elders and ensure their safety.
Additional Resources
If you need more information or immediate assistance, the following organizations may help:
- Georgia Department of Human Services Division of Aging Services Adult Protective Services
- Georgia Office of the Attorney General Fraud and Elder Abuse Unit
- Local Area Agencies on Aging (AAA)
- Georgia Legal Services Program
- AARP Georgia
- The Long-Term Care Ombudsman Program (for nursing home and assisted living matters)
- Atlanta Legal Aid Society
- Georgia Bureau of Investigation
- National Center on Elder Abuse (NCEA)
Next Steps
If you or a loved one is facing elder abuse, your first priority is ensuring immediate safety. Contact Adult Protective Services or law enforcement as necessary. Document any evidence, such as injuries, financial records, or witness accounts. After making a report, consider consulting an attorney who specializes in elder abuse law in Georgia. An attorney can explain your rights, help you navigate the legal system, and take action to protect or seek justice for the elder individual involved. Many legal aid organizations offer free or low-cost consultations and can guide you on how to proceed.
Remember, elder abuse is a serious matter. Acting promptly may stop the abuse and prevent further harm. Seek professional legal help to ensure that your rights and your loved ones’ rights are protected.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.