Is Exploitation of the Elderly a Felony in Georgia?

What Counts as Exploitation of an Elder Person in Georgia

Exploitation of the elderly is a felony in Georgia. Under OCGA § 16-5-102, a person commits a crime by knowingly and willfully exploiting a disabled adult, elder person, or resident. The statute also covers depriving that person of the possession, use, benefit, or proceeds of their property or funds.

Georgia defines each category by statute. An elder person is generally someone 65 or older. A disabled adult is an adult whose mental or physical condition impairs the ability to provide adequately for his or her own care or protection. A resident means a person who lives in a long-term care facility.

Prosecutors charge a wide range of conduct under this section. A caregiver may move money out of a joint account. An adult child may use a parent's debit card beyond what was authorized. A facility employee may take a resident's jewelry.

This is a criminal statute, not a probate filing. It stands apart from a civil guardianship or conservatorship dispute. Still, the same transactions can trigger a criminal case and a civil one at the same time. Whether conduct crosses the line may depend on the scope of authority, the records, and what the elder person actually intended.

Felony Penalties for Elder Exploitation in Georgia

Georgia charges exploitation of an elder person as a felony. OCGA § 16-5-102 authorizes a prison term of one to twenty years, a fine of up to $50,000, or both. The sentencing court weighs the facts before it imposes any sentence.

Sentencing exposure usually tracks a few practical factors. Courts look at the dollar value involved and how long the conduct continued. They also weigh the defendant's relationship to the alleged victim and any prior record. Someone accused for the first time may stand in a different position than a person with prior theft or fraud convictions. No lawyer can predict a specific result.

Collateral consequences worry many clients as much as the sentence does. A felony conviction can affect professional licensure in nursing, financial services, and real estate. It can cost a person firearm rights. It can also bar someone from serving as a fiduciary, guardian, or executor. Prosecutors commonly seek restitution alongside any criminal penalty, and the court can order repayment as a condition of probation. Banks and employers may act on the charge long before a case ends, so the practical fallout often starts early.

Criminal Charges for Financial Elder Abuse

Criminal charges for financial elder abuse rarely arrive as a single count. Georgia prosecutors usually build a stack of charges out of the same bank records and transactions. Stacked counts matter for two reasons. They multiply sentencing exposure, and they complicate plea negotiation. Two fact patterns drive most of these files.

Theft and Fraud Counts Charged Alongside Exploitation

Several companion charges commonly accompany an exploitation count. The list often includes theft by taking, theft by deception, and theft by conversion. Forgery, financial transaction card fraud, and identity fraud also appear.

Value thresholds in Georgia's theft statutes decide whether a count is a misdemeanor or a felony. Prosecutors sometimes aggregate a series of small transactions into one higher-value count. That choice can change the grade of the offense and the exposure that comes with it.

Federal charges can enter the picture in some cases. Mail fraud or wire fraud becomes possible when transfers cross state lines or move through interstate wires. Most of these cases still stay in state court. Ask a lawyer to review the specific counts listed on your accusation or indictment.

Caregivers, Powers of Attorney, and Joint Accounts

Most of these cases start with someone who had legitimate access to the money. That person may be a named agent under a power of attorney or a joint account holder. It may also be a paid caregiver or an adult child who manages the bills. The state later claims that person exceeded the authority given.

Holding a power of attorney is not a blanket defense. Georgia law imposes fiduciary duties on the agent. Self-dealing and gifts to oneself frequently trigger a criminal referral.

The evidence problem here is practical. Authorization that was verbal, informal, or given years earlier is hard to document. Family members who disagree about what a parent intended often become the state's witnesses. Preserve records, texts, receipts, and statements now rather than reconstructing them later.

How These Cases Reach Prosecutors in Georgia

Many people learn about these cases well before any arrest. Georgia's adult protective services framework requires certain professionals to report suspected exploitation. Mandatory reporters include medical staff, long-term care employees, and financial institution personnel.

Referrals arrive from several directions. Banks flag unusual withdrawal patterns and pass them along. A facility's internal investigation can turn into a police report. A family member's complaint to law enforcement or the probate court can open a criminal file. A welfare check inside the home can widen the file further, and neglected animals found during that visit can bring a separate cruelty to animals count against the same person.

What happens next follows a familiar pattern. The state subpoenas bank records. A detective or an adult protective services investigator asks for an interview. The case may then go to a grand jury for presentment. Where the accused relative is a minor, the matter goes to juvenile court instead, and a metro Atlanta case is handled by our Fulton County juvenile crime lawyers.

In cases we handle in Georgia courts, the pre-arrest window is often a critical stage for counsel to step in. A voluntary interview without a lawyer frequently supplies the state's best evidence. Kohn & Yager LLC defends felony financial-crime and exploitation cases in Georgia superior courts. We know how local prosecutors build these files from bank records and account statements. As a Georgia criminal law firm, we defend the stacked theft and fraud counts in the same case rather than treating them as separate matters.

Defenses to an Elder Exploitation Charge

No single defense fits every case. What may apply depends on the documents and testimony in that file. Georgia courts do see several recurring themes.

Lack of criminal intent. The statute requires knowing and willful conduct. An honest mistake about the scope of authority is not the same thing. Neither is a sloppy accounting error.

Actual authorization. A competent elder person may have consented to the transfers. The payments may also fall inside a validly executed power of attorney.

Capacity disputes. The state must show the alleged victim met the statutory definition of an elder person, disabled adult, or resident. Evidence about cognitive status is often contested.

Gift versus theft. Money given as a gift, or paid back as repayment of a loan, is not exploitation. Records and witness testimony usually decide that question.

Family conflict. Some complaints begin as an inheritance dispute between siblings. Relatives sometimes use the criminal process as leverage in that fight.

Financial records cut both ways. A forensic accounting review sometimes shows the money went to the elder person's own care, housing, or medical bills. Deposits and receipts can also show a pattern the state missed when it read the account history. Sourcing each transaction can matter more than any argument a lawyer makes.

Speak With a Georgia Elder Exploitation Defense Attorney

Kohn & Yager LLC defends people accused of felony exploitation and related theft and fraud charges in Georgia courts. Acting during the investigation stage matters, because the bank records are already being gathered. A consultation covers the accusation or indictment, the account history, and any power of attorney or caregiver agreement. Contact Kohn & Yager LLC for a free consultation before you speak with investigators. Every case is different, and results depend on the specific facts.

Frequently Asked Questions

Is Exploitation of the Elderly Always a Felony in Georgia?

Georgia treats exploitation of an elder person under OCGA § 16-5-102 as a felony offense. Related conduct can also be charged under the theft statutes, where the value involved may leave a count as a misdemeanor. The charging decision depends on the facts and on the prosecutor.

How Much Prison Time Can an Elder Exploitation Conviction Carry in Georgia?

The statute authorizes one to twenty years in prison, a fine of up to $50,000, or both. Actual sentences vary with the amount of money, the length of the conduct, and the person's record. The court decides after it reviews all of that.

Can You Be Charged With Financial Elder Abuse if You Have Power of Attorney?

Yes. An agent under a power of attorney owes fiduciary duties to the person who signed it. Transfers that benefit the agent rather than the elder person can still lead to charges.

What Should I Do if an Investigator Contacts Me About an Elderly Relative's Finances?

Stay polite, and do not agree to an interview before you talk with a lawyer. Preserve bank statements, texts, receipts, and any written authorization you have. Reach out to counsel promptly, since the pre-arrest stage is often the best time to respond.

Can an Elder Exploitation Case Be Resolved by Paying the Money Back?

Restitution often plays a role in how these cases resolve, but repayment alone does not erase a criminal charge. Prosecutors may weigh it along with the record and the strength of the evidence. No outcome is guaranteed.