Major Theft from Special Needs Foundation Reported in Cartersville

Bartow County Courthouse

Cartersville, Ga. - Authorities have arrested the director of a local special needs foundation in Cartersville. According to reports, the director has been accused of stealing upwards of $45,000 from the organization and is now being held in the Bartow County Detention Center.

The investigation resulted in a forensic audit that showed the director had stolen from the organization from July of last year to May of this year. She has been charged with 42 counts of theft by taking in Georgia.

On top of the theft charges, the woman is also facing a charge for exploitation of an elder or  disabled person. As a Georgia Criminal Defense Attorney, I will outline the law behind this charge as it less common than her theft charges.

Exploitation of an Elder or Disabled Person in Georgia

Exploitation of an Elder or Disabled Person in Georgia is defined by Georgia Law in O.C.G.A. §16-5-101 as:

A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives them of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.

To be found guilty of neglect to a disabled adult, elder person, or resident in Georgia, the State must prove that the accused is guilty beyond a reasonable doubt. This involves showing that the person willfully deprived the victim of either health care, shelter, or necessary sustenance so much that their health or well-being was affected.

A conviction for this crime in Georgia carries the consequences of a felony conviction with the penalty being up to 20 years in prison and a fine of no more than $50,000.00 or both prison and a fine.

Practice Note

If you or a loved one has been arrested in the state of Georgia, contact a Georgia Criminal Defense Attorney now.