O.C.G.A.

O.C.G.A. § 10-5-100 (2019)

Definitions

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term:

(1) “Account” means any account with a broker-dealer or investment adviser for which a client has the authority to transact business.

(2) “Adult protective agency” means any office, division, department, or unit in this state that is charged with the investigation of abuse, neglect, or exploitation of an elder person or disabled adult.

(3) “Eligible adult” means:

(A) A person 65 years of age or older; or

(B) A person 18 years of age or older who is mentally or physically incapacitated, has Alzheimer’s disease, or has dementia.

(4) “Financial exploitation” means:

(A) The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or property of an eligible adult; or

(B) Any act or omission taken by a person, including, but not limited to, through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:

(i) Obtain the control, use, or benefit of the eligible adult’s money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property through deception, intimidation, or undue influence or by the use of any scheme, device, or artifice to defraud; or

(ii) Convert the money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.

(5) “Qualified individual” means any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser.

History

Code 1981, § 10-5-100, enacted by Ga. L. 2023, p. 550, § 1/SB 84, effective July 1, 2023; Ga. L. 2024, p. 1052, § 2(47)/SB 448, effective July 1, 2024.

Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “adviser” for “advisor” in paragraph (5).