Evidence sufficient for conviction.

- Evidence was sufficient to support the defendant's convictions for unlawful abuse, neglect, or exploitation of an elder person and unauthorized practice of law, in violation of O.C.G.A. §§ 15-19-51(a)(7) and30-5-8(a)(1), because the defendant befriended an 89-year-old widower, falsified identification as an attorney, and eventually obtained the widower's car, jewelry, use of the widower's credit cards for unauthorized purposes, and the defendant also forged documents and coerced the widower into changing other documents regarding the widower's estate; the widower was within the definition of "elder person" under O.C.G.A. § 30-5-3(7.1) (now paragraph (6)), and the acts were within the definition of "exploitation" pursuant to § 30-5-3(9) (now paragraph (8)). Marks v. State, 280 Ga. 70, 623 S.E.2d 504 (2005).

Because there was evidence to support each fact necessary to make out the state's case, the jury was authorized to find that the defendant was guilty beyond a reasonable doubt of family violence battery, O.C.G.A. § 16-5-23.1, criminal trespass, O.C.G.A. § 16-7-21, and abuse of an elder person, O.C.G.A. § 30-5-8; the victim's recollection of what occurred on the night at issue was contradicted by the victim's contemporaneous statements to neighbors and the police, as well as the victim's statements to the daughter the next morning that the defendant had grabbed the victim by the arm and twisted the arm, thereby causing the wound and other bruises. Laster v. State, 311 Ga. App. 360, 715 S.E.2d 768 (2011).

Evidence that the defendant falsely convinced the first victim that the victim's grandson needed bail money and falsely convinced the second victim that the defendant was in financial difficulty in Malaysia and trying to return to children in the U.S. was sufficient for the jury to find defendant guilty of two counts of exploitation of an elderly person. Akintoye v. State, 340 Ga. App. 777, 798 S.E.2d 720 (2017).

Evidence that the defendant assisted the victim in removing $300,000 from the victim's account, the defendant instructed the victim to write the check to "Cash", the defendant deposited the money into the defendant's own account, the victim suffered from dementia and had never given such a large monetary gift, and the signature on the victim's other checks did not match the signature on the $300,000 check supported a conviction for abuse or exploitation of any disabled adult or elder person. Escamilla v. State, 344 Ga. App. 654, 811 S.E.2d 77 (2018).

Construction with other law.

- In a wrongful death action filed by a decedent-lessee's administrator in which the decedent was killed when crossing a public highway that the lessor did not control, the lessor was properly granted summary judgment, as the administrator failed to show that the lessor was negligent per se, violated O.C.G.A. § 30-5-8, or that the lessor breached either a common law or private duty owed to the lessee. Walton v. UCC X, Inc., 282 Ga. App. 847, 640 S.E.2d 325 (2006).

Requirement of residency in long term care facility.

- An adult did not qualify for protection under the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq. Although there was credible testimony and evidence that the adult suffered from disabilities following a stroke, under this Act, a disabled adult was limited to a resident of a long-term care facility under O.C.G.A. § 30-5-8(a)(2)(A). Thompson v. Hornyak (In re Hornyak), Bankr. (Bankr. N.D. Ga. Apr. 1, 2010).

Evidence of disabled adult.

- Trial court did not err when the court denied the defendant's motion to quash the count of an indictment charging the defendant with exploitation of a disabled adult in violation of the Disabled Adults and Elder Persons Protection Act, O.C.G.A. § 30-5-1 et seq., specifically O.C.G.A. § 30-5-8, on the ground that the victim was not "disabled" because the victim read at a first- or second-grade level, did not understand monetary denominations, could not do personal care on a daily basis, and had an IQ of 30, which was well below the borderline of mental retardation. Smith v. State, 311 Ga. App. 757, 717 S.E.2d 280 (2011).

RICO conviction did not establish violation of O.C.G.A. § 30-5-8. - Trial court properly denied an investor's motion for partial summary judgment against a business person on the investor's claim against the business person for improper exploitation of an elderly person, in violation of O.C.G.A. § 30-5-8, because, although the investor established the business person's civil liability to the investor for the business person's RICO violations, such finding did not establish that the business person also violated § 30-5-8 because the crimes involved exploiting an elderly person and did not correspond to the acts of racketeering activity alleged by the state in the criminal RICO proceedings against the business person. Cox v. Mayan Lagoon Estates Ltd., 319 Ga. App. 101, 734 S.E.2d 883 (2012).

Fingerprintable offenses.

- Violations of O.C.G.A. § 30-5-8(a)(1) and (b)(1) are designated as offenses for which those charged are to be fingerprinted. 1999 Op. Att'y Gen. No. 99-17.

ALR.

- Validity, construction, and application of state civil and criminal elder abuse laws, 113 A.L.R.5th 431.