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Measure would expand APS definition to include observed cognitive decline
Summary
HB 1081 would add "cognitive decline" as an observational category in Georgia's Adult Protective Services code to capture people before crises escalate; sponsor and clinicians said the change is intended as an observation, not a medical diagnosis, and recommended further drafting with DHS.
Representative Veil told the committee HB 1081 seeks to expand the statutory definition of "disabled persons" to include cognitive decline so Adult Protective Services (APS) can identify and serve people earlier in a decline.
"I am simply expanding the definition of disabled persons to include cognitive decline to help us capture those people before they have gone too far," Representative Veil said, stressing the change would be an observation standard rather than a medical diagnosis.
Members asked whether the Department of Human Services (DHS) and APS had been consulted. Veil said he had met with DHS, which initially argued existing code (self‑neglect, mental incapacitation) covers some cases, and that DHS recommended shifting the draft language from guardianship law into the APS code to avoid expanding guardianship powers.
Representative Lupton asked who would make the observation; Veil and witnesses described frontline officers and social workers as likely to make initial observations and emphasized training would be updated to reflect the new definition. "When you see these traits of them diminishing, police department, or try to make the initial case to DHS," Veil said.
Sabrina Calloway, a clinical social worker with the Clayton County Police Department, described frequent referrals from officers and families and said APS commonly responds only at very serious stages. Calloway gave an example of a retiree who had spent more than $50,000 to an overseas fraud contact and said law enforcement often lacks tools beyond advising families to seek probate remedies.
Legal counsel and committee members emphasized that the bill is intended to be an observational tool and not to automatically alter entitlement to services or to create new involuntary guardianship. The sponsor and chair agreed to meet with DHS and other agencies to refine statutory language before the next committee meeting. No vote was taken.
