- When not the subject of a pending commitment action, what are the
prerequisites for an individual to receive voluntarily treatment?
Ga. Code Ann. §
37-3-20(a). "The chief medical officer of any facility may receive for
observation and diagnosis any patient 12 years of age or older making application
therefor, any patient under 18 years of age for whom such application is made by his
parent or guardian, and any patient who has been declared legally incompetent and for whom
such application is made by his guardian. If found to show evidence of mental illness and
to be suitable for treatment, such person may be given care and treatment at such
facility…" "The parents or guardian of a minor child must give written
consent to such treatment…"
- Conditions necessary for emergency treatment/observation.
§ 37-3-41(a). "Any
physician within this state may execute a certificate stating that he has personally
examined a person within the preceding 48 hours and found that, based upon observations
set forth in the certificate, the person appears to be a ‘mentally ill person
requiring involuntary treatment’."
§ 37-3-41(d). "Any psychologist,
clinical social worker, or clinical nurse specialist in psychiatric/mental health may
perform any act specified by this Code section to be performed by a physician."
§ 37-3-42(a). "
A [police officer] may take
any person to a physician within the county or an adjoining county for emergency
examination by the physician, or directly to an emergency receiving facility if (1) the
person is committing a penal offense, and (2) the peace officer has probable cause for
believing that the person is a ‘mentally ill person requiring involuntary
treatment’."
§ 37-1-1(4).
"‘Peace Officer’ means
any federal, city, or county police officer, any officer of the Georgia State Patrol, or
any sheriff or deputy sheriff."
§ 37-3-1(12). ‘Mentally person requiring involuntary
treatment’ is defined as "…a person who is an inpatient or an
outpatient." "Inpatient" is defined in No. 12 and "outpatient" is
defined in No. 23.
- Is mental illness/disorder defined?
§ 37-3-1(11). "‘Mentally
ill’ means having a disorder of thought or mood which significantly impairs judgment,
behavior, capacity to recognize reality, or ability to cope with the ordinary demands of
life."
- Maximum duration of emergency treatment/observation before a
judicial hearing must be held.
The maximum
duration of emergency treatment prior to a hearing varies depending upon the specific
circumstances. Listed directly below are the three scenarios, with explanations of their
respective maximum emergency treatment durations. The statutes listed below the three
scenarios apply to all three scenarios, unless indicated up front. Also note that
all of these maximum numbers could be extended under § 37-3-81(a); this section allows a
patient to be kept at an evaluating facility beyond the five-day evaluation period upon
the recommendation of the chief medical officer, whose recommendation must be supported by
the opinions of two physicians or a physician and a psychologist.
Scenario 1: Police Officer takes person directly to
"emergency receiving facility."
Comment: When a police officer takes a person directly to an
"emergency receiving facility," the maximum duration of emergency treatment is
the 48 hours the person could spend in at the emergency facility, added to the 24 hours
within which the certificate is executed, added to the five-day maximum detained time in
an evaluating facility (which potentially could be eight days since Saturdays, Sundays and
holidays are excluded), added to the maximum of 12 days (after filing the petition) before
the hearing must be held. Thus, the total potential maximum days before a hearing must be
held, when a police officer takes the person directly to an emergency facility, is 23.
Scenario 2: Police Officer takes person to physician for
certification (or physician executes certificate on his own).
Comment: When a physician initiates a certificate on his own, or
a police officer takes a person to a physician for certification, the maximum duration of
emergency treatment is the 24 hours within which the certificate is executed, added to the
five-day maximum detained time in an evaluating facility (which potentially could be eight
days since Saturdays, Sundays and holidays are excluded), added to the maximum 12 days
(after filing the petition) before the hearing must be held. Thus, the total, potential
maximum days before a hearing must held, when a physician initiates a certificate, is 21.
Scenario 3: "Any person" files a petition (includes
physician’s certificate), department files petition for hearing.
Comment:
When "any person" files a
petition (which must be accompanied by a physician’s certificate), the maximum
duration of treatment is the five days maximum detained time in an evaluating facility
(which potentially could be eight days since Saturdays, Sundays and holidays are
excluded), added to the maximum 12 days (after filing the petition) before the hearing.
Thus, the total, potential maximum days before a hearing must held, when a physician
initiates a certificate and the department files a petition, is 20.
Applies only to Scenario 1: § 37-3-43(a). A patient admitted
to an "emergency receiving facility" shall be examined, and discharged within 48
hours unless:
(1). "An examining physician or psychologist concludes
that there is reason to believe that the patient may a mentally ill person requiring
involuntary treatment and executes a certificate to that effect within such time; or
(2). the patient is under criminal charges…"
§ 37-3-1(5). "‘Emergency receiving facility’
means a facility designated by the department to receive patients under emergency
conditions…"
Applies only to Scenario 1 and 2: § 37-3-43(b). "Within
24 hours of execution of the certificate…the patient shall be transported…to an
evaluating facility…unless the patient has been determined and certified to meet all
of the outpatient treatment requirements…in which event the patient shall be
discharged [to an outpatient "receiving facility" pending a hearing on the
matter]."
Statutes applicable to Scenarios 1, 2, and 3.
§ 37-3-64(a). A patient admitted to an evaluating facility, by
way of an emergency admission or petition, may be detained for no longer than five days,
Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding
that he is not a "mentally ill person requiring involuntary treatment" or
transported to outpatient treatment, if outpatient criteria are met. During the five-day
period the patient may also be admitted as a voluntary patient.
§ 37-3-81(a). The patient may be kept at the evaluating
facility beyond the five-day evaluation period upon the recommendation of the chief
medical officer of the facility, whose recommendation must be supported by the opinions of
two physicians or a physician and a psychologist. The two physicians or the physician and
psychologist must agree with the chief medical officer "…that the patient is a
mentally ill person requiring involuntary treatment but who does not meet the outpatient
treatment requirements."
"The certificate shall be filed along with a petition for a
hearing [filed by the department]…within five days, Saturdays, Sundays and holidays
excluded, after the patient is admitted to a facility for evaluation…" This
filing shall authorize detention of the patient, until completion of the hearing.
§ 37-3-81(c). The patient is retained in the evaluating
facility until a "…full and fair…" hearing is held, between 7 and 12
days after the department’s petition is filed.
§ 37-3-1(6). "‘Evaluating facility’ means a
facility designated by the department to receive patients for psychiatric
evaluation…"
Note: This petition is for a judicial hearing on commitment;
it should be distinguished from the petition filed to initiate proceedings. This hearing
is the traditional involuntary commitment, judicial hearing; it should be distinguished
from an initial hearing held on a petition. The initial petition and the hearing on that
petition, are discussed in No. 8.
- Can a potential committee avoid a hearing determination by opting
to voluntarily undergo treatment and, if so, what is the minimum time he or she must then
spend in treatment?
§ 37-3-64(b). Yes.
"Staff physicians or psychologists of the evaluating facility shall encourage the
patient to apply for voluntary hospitalization, if the patient so wishes."
The potential minimum time a patient requesting release may spend in
treatment is the 24 hours within which the patient is given to write an oral request,
added to 24 hours for delivery of request to the chief medical officer (which potentially
could be four days since Saturdays, Sundays and legal holidays are excluded), added to the
72 hour, prior to discharge (which potentially could be five days since Saturdays, Sundays
and legal holidays are excluded). Since only one of the potential maximums would be
realized in any one calendar week, the minimum amount of time the person could spend in
treatment is 8 days.
§ 37-3-22. "If the patient or another on his behalf
makes an oral request for release to any member of the staff or other service provider,
the patient must within 24 hours be given assistance in preparing a written request. The
person to whom a written request is submitted shall deliver the request to the chief
medical officer within 24 hours, Saturdays, Sundays and legal holidays excluded. Within 72
hours, excluding Saturdays, Sundays and legal holidays, of the delivery of a written
request for release to the chief medical officer the patient must be discharged from the
facility, unless the chief medical officer finds that the discharge would be unsafe for
the patient or others, in which case proceedings for involuntary treatment must be
initiated…"
- Are there any requirements that a potential committee be capable
of deciding to voluntarily undergo treatment?
§ 37-3-64(b). Yes.
If "…the attending physician or treating psychologist finds that the patient is
unable to understand the nature of voluntary hospitalization, that voluntary
hospitalization would be harmful to the patient, or that the patient is determined to be a
mentally ill person in need of involuntary treatment," he/she shall not encourage the
patient to apply for voluntary hospitalization.
§ 37-3-24 also addresses this issue. It adds, "Any
involuntary patient may apply to be transferred to voluntary status of hospitalization and
shall be so transferred if he is able to understand and exercise the rights and powers of
a voluntary patient unless the chief medical officer finds that this would not be in the
best interest of the patient…"
- Who may petition for an individual to receive assisted inpatient
treatment?
Application to
department: § 37-3-61(1). "Any person may file an application...with the
community mental health center for a court ordered evaluation of a person...."
Petition to court: § 37-3-61(2). "Any
person may file with the court a petition..."
- Required elements of a petition. Application to department: §
37-3-61(1). "Any person may file an application executed under oath with the
community mental health center for a court ordered evaluation of a person located within
that county who is alleged by such application to be a mentally ill person requiring
involuntary treatment. Upon the filing of such application, the community mental health
center shall make a preliminary investigation and, if the investigation shows that there
is probable cause to believe that such allegation is true, it shall file a petition with
the court in the county where the patient is located seeking an involuntary admission for
evaluation." Although unstated, the court-ordered evaluation probably results in
physician certification.
Petition to court: § 37-3-61(2). "Any person may file
with the court a petition executed under oath alleging that a person within the county is
a mentally ill person requiring involuntary treatment. The petition must be accompanied by
the certificate of a physician or psychologist stating that he has examined the patient
within the preceding five days and has found that the patient may be a mentally ill person
requiring involuntary treatment and that a full evaluation of the patient is
necessary."
Physician’s certificate: § 37-3-41 (a). "
Any
physician within this state may execute a certificate stating that he has personally
examined a person within the preceding 48 hours and found that, based upon observations
set forth in the certificate, the person appears to be a mentally ill person requiring
involuntary treatment. A physician's certificate shall expire seven days after it is
executed." Within 72 hours after receiving the certificate, a peace officer
(policeman) shall make "diligent efforts" to take the person into custody and
deliver him/her to the nearest available emergency receiving facility.
Court review of petition filed by "anyone": §
37-3-62(a). "The court shall review the petition [filed by any person] and, if it
finds reasonable cause to believe that the patient may be a mentally ill person requiring
involuntary treatment, the court shall hold a full and fair hearing on the petition
[between 10 and 15 days] after such petition is filed." (b). "After a
full and fair hearing or, if the hearing is waived, after a full review of the evidence,
if the court is satisfied that immediate evaluation is necessary, the court shall issue an
order to any [policeman] to deliver the patient [to an evaluating facility]."
- Is there a penalty for filing an unfounded petition?
Not discussed in Mental
Health Law.
- Participation of other individuals in assisted treatment hearing
(i.e. notice, a right to be heard or standing for family members, legal guardians,
doctors, etc.).
The Georgia Code
outlines a procedure for the appointment of "representatives" for mentally ill
patients. The appointment procedure and rights of representatives are discussed in Georgia
Code § 37-3-147 and 148, and summarized in No. 27 of this paper.
§ 37-3-81(a). "
Copies of the certificate
shall be served on the patient’s representatives within five days after the
certificate is filed and shall be accompanied by notice…[of the patient’s
rights]…
Note: Other than appointed representatives, there are no
provisions in the Mental Health Law for the participation of family members, legal
guardians, or doctors.
- Length of initial term of assisted inpatient treatment.
§ 37-3-81.1(c). Any period
not to exceed six months.
- Conditions necessary for judicially ordered inpatient treatment
(exact wording of key portions of applicable statute desired).
The court may order involuntary
inpatient treatment if the patient meets the definition of an "inpatient."
§ 37-3-1(9.1). "‘Inpatient’ means a person
who is mentally ill and:
(A)(i). Who presents a substantial risk of imminent harm to
that person or others, as manifested by either recent overt acts or recent expressed
threats of violence which present a probability of physical injury to that person or other
persons; or
(ii). Who is so unable to care for that person's own physical
health and safety as to create an imminently life-endangering crisis; and
(B). Who is in need of involuntary inpatient treatment."
- Evidentiary standard under which eligibility for assisted
treatment is judged (two most common are "beyond a reasonable doubt" and
"clear and convincing evidence").
§ 37-3-1(8). Clear and
convincing evidence.
- Is there a least restrictive treatment requirement?
§ 37-3-161. "It is
the policy of the state that the least restrictive alternative placement be secured for
every patient at every stage of his medical treatment and care. It shall be the duty of
the facility to assist the patient in securing placement in noninstitutional community
facilities and programs."
§ 37-3-1(9)(E). Each patient’s individual service plan
must include, among other things, "a statement attesting that the chief medical
officer has made a reasonable effort to meet the plan's individualized treatment goals in
the least restrictive environment possible closest to the patient's home community."
- Is there a confidentiality exception for family members of
committees and/or individuals undergoing emergency evaluations?
No. However, under § 37-3-166(2),
a copy of the record may be released to a person or entity designated in writing by the
patient or, if appropriate, the parent or person retaining legal custody of a minor or the
legal guardian of an adult or minor.
- Are advance directives or durable powers of attorney addressed
and, if so, in what way?
Not discussed in Mental Health Law.
- Is there a separate proceeding necessary to abrogate a
committee’s right to refuse treatment?
§ 37-3-163(c). A
separate proceeding is necessary for a committee to object to the treatment being
administered to him. The committee or his/her representative has a right to request a
protective order to object to treatment, under § 37-3-148, which is discussed further in
No. 27.
Note: § 37-3-163(b).
A physician who determines that a
patient’s refusal to take medication would be unsafe to the patient or others, can
order continued medication treatment, with a concurring opinion from a second, without
patient consent.
Note: § 37-3-163(e). "In cases of grave
emergency…" when at least two physicians determine that intervention
(medication) is necessary and delay in obtaining patient consent would create "grave
danger" to the patient, intervention may be administered without consent. Any
physician, agent, employee or official who acts under this provision shall be immune from
liability, if he/she acted in good faith in administering intervention.
- Does the treating hospital and/or physician have discretion to
release individuals before the end of their assisted inpatient care periods?
§ 37-3-85(b). Yes.
"Any time a patient receiving involuntary inpatient treatment is found by
the chief medical officer, after consideration of the recommendations of the treatment
team, no longer to be a mentally ill person requiring involuntary inpatient treatment, the
chief medical officer may…discharge the patient from involuntary outpatient or
inpatient treatment, or both…"
(c). "The chief medical officer may designate in writing
another physician, who may be the attending physician, to make these discharge decisions.
If the decision of the designee is contrary to the recommendations of the treatment team,
the issue must go to the chief medical officer for final determination. Where the
treatment team and the designee concur, the decision of the designee will be final."
- Individual(s) who may decide to initiate new periods of assisted
treatment.
§ 37-3-83(d).
The chief medical officer may seek an order authorizing continued involuntary
treatment.
(c). "A Committee for Continued Involuntary Treatment
Review shall be established by the chief medical officer of each hospital and shall
consist of not less than five persons of professional status, at least one of whom shall
be a physician and at least two others of whom shall be either physicians or
psychologists. The committee may conduct its meetings with a quorum of any three members
at least one of whom shall be a physician. The function of this committee shall be to
review and evaluate the updated individualized service plan of each patient of the
hospital and to report to the chief medical officer its recommendations concerning the
patient's need for continued involuntary treatment. No person who has responsibility for
the care and treatment of the individual patient for whom continued involuntary treatment
is requested shall serve on any committee which reviews such individual's case."
(e). The committee, described in subsection (c), shall meet
to consider to the chief medical officer’s order for continued involuntary treatment.
The committee shall report its written recommendations to the chief medical officer. This
report will specify whether "…the patient is a ‘mentally ill person
requiring involuntary treatment’ and whether continued hospitalization is the least
restrictive alternative available."
(g). If the chief medical officer, after considering the
committee’s recommendations, determines that the patient is a "mentally ill
person requiring involuntary treatment," he shall serve a petition for an order
authorizing continued involuntary treatment on the designated office within the
department. The petition shall state that the patient or his/her representatives may file
a request for a hearing.
Note: If any committee member suggests discharge, there is a
assisted hearing under § 37-3-83(h).
- Type of forum that decides on need for extended assisted
treatment (normally either judicial or administrative).
§ 37-3-84(a). "One
or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold
hearings. Such hearing examiners shall be members of the State Bar of Georgia and shall be
compensated by the department."
§ 37-3-83(h). "If a hearing is not requested by the
patient or the representatives within 15 days of service of the petition on the patient
and his representatives, the hearing examiner shall make an independent review of the
committee's report, the updated individualized service plan, and the petition. If he
concludes that continued involuntary treatment may not be necessary or if he finds any
member of the committee so concluded, then he shall order that a hearing be held pursuant
to subsection (i) of this Code section. If he concludes that continued involuntary
treatment is necessary, then he shall order continued involuntary treatment involving
inpatient treatment, outpatient treatment, or both for a period not to exceed one
year."
(i). "If a hearing is requested within 15 days of
service of the petition on the patient and his representatives or if the hearing examiner
orders a hearing…, the hearing examiner shall set a time and place for the hearing to
be held within 25 days of the time the hearing examiner receives the request but in any
event no later than the day on which the current order of involuntary inpatient treatment
expires."
Comment: § 37-3-83(h). If a hearing is not requested by the
patient or his/her representatives, the hearing examiner makes an independent review. If
the hearing examiner finds that continued involuntary treatment is not necessary, then a
hearing is assisted. However, if the hearing examiner finds that continued involuntary
treatment is necessary, a hearing is not assisted.
Comment: The procedure described in § 37-3-83(h) is known as
preliminary check. Preliminary check benefits the inpatient as it expedites the continued
treatment process. Since a hearing is not assisted (after a hearing examiner finds that
continued involuntary inpatient treatment is necessary) the inpatient is allowed to
continue uninterrupted involuntary treatment. This all assumes that the inpatient or any
representatives did not request a hearing.
- Participation of other individuals in the extension hearing (i.e.
notice, a right to be heard and/or right to counsel for family members, legal guardians,
doctors, etc.).
§ 37-3-83(e). The
patient’s representatives shall be notified of the purpose of such meeting, the time
and place of such meeting, their right to be present at such meeting, and their right to
present any alternative individualized service plan secured at their expense.
- Maximum length of subsequent assisted inpatient treatment (and of
any possible subsequent periods).
§ 37-3-83(e). 1 year.
Comment: Section § 37-3-83 generally appears to be
applicable for each procedure for continued involuntary inpatient commitment, thus, it
probably follows that any possible subsequent periods would also hold a maximum length of
one year.
- Alternative(s) to assisted inpatient treatment (i.e. conditional
release, trial release, assisted outpatient treatment, etc.) and conditions necessary for
a court to order placement in alternative(s) (if more than one form, specify for each).
Trial Release:
§ 37-3-91(a). A person kept in any facility, who is determined by a physician
or psychologist, to meet all of the outpatient treatment requirements shall be discharged,
pending a full and fair hearing or waiver. (b). A treating psychologist shall
obtain the concurrence of a physician before discharging. Discharge from a community
health center shall occur within four hours after the patient’s examination,
discharge from an emergency receiving facility, within 48 hours after patient’s
admission, and discharge from an evaluating within the five-day evaluation period.
§ 37-3-91(d). "Within three days after a referring
facility has discharged a patient…that facility shall transmit to the receiving
facility…[all]…necessary clinical information. Within five days after receiving
such information, the receiving [outpatient] facility shall petition the court…for a
full and fair hearing…" This hearing may not be waived by any patient determined
to meet all of the outpatient treatment requirements, under subsection (e) of this
Code section.
§ 37-3-85(b)(2).
Anytime an inpatient receiving
involuntary treatment is found by the chief medical officer, after consideration of the
recommendations of the treatment team, no longer to be a mentally ill person requiring
involuntary inpatient treatment, the chief medical officer may require that patient obtain
available outpatient treatment if that patient meets the requirements of the court
discussed below, in § 37-3-81.1(a)(2).
§ 37-3-91(e). To transfer a patient from inpatient
to outpatient treatment, a hearing must be held; it cannot be waived.
§ 37-3-81.1(a)(2).
At such hearing, the court must
determine "…whether there is available outpatient treatment for the patient
which meets the requirements of the plan chosen by the court and whether the patient will
likely obtain that treatment so as to minimize the likelihood of the patient’s
becoming an inpatient." If the court determines this to be true, then it shall
discharge the patient, ordering him to the outpatient treatment.
Assisted Outpatient Treatment:
A new patient can receive outpatient treatment either by way of emergency commitment
or the petition/certification process discussed in No. 4. In either instance, an
evaluating physician can make a recommendation for outpatient treatment and a hearing is
held. In this instance, the court must order the outpatient treatment if the requirements
in § 37-3-81.1(a)(2) (discussed directly above) are met.
§ 37-3-64. The evaluating physician shall evaluate the patient,
within five days, either classifying the patient as one who is a candidate for involuntary
treatment, as one who meets the outpatient treatment requirements, as one who qualifies
and wishes for voluntary admission, or one who is not a mentally ill person requiring
treatment. If the chief medical officer determines that the patient is a candidate for
involuntary treatment, proceedings for involuntary treatment of the patient shall be
initiated.
§ 37-3-90(c). During initial examinations, the evaluating
physician or psychologist may certify a patient as an outpatient when that patient meets
the definition of an outpatient and that the patient is one for whom outpatient treatment
is available. ‘Outpatient’ is defined under § 37-3-1(12.1) as a person who is
mentally ill and:
"(A) Who is not an inpatient but who, based on
the person's treatment history or current mental status, will require `outpatient
treatment in order to avoid predictably and imminently becoming an inpatient;
(B) Who because of the person's current mental
status, mental history, or nature of the person's mental illness is unable voluntarily to
seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment."
§ 37-3-1(12.2). "‘Outpatient treatment’ means
a program of treatment for mental illness outside a hospital facility setting which
includes, without being limited to, medication and prescription monitoring, individual or
group therapy, day or partial programming activities, case management services, and other
services to alleviate or treat the patient's mental illness so as to maintain the
patient's semi-independent functioning and to prevent the patient's becoming an
inpatient."
- Maximum duration of alternative(s) to assisted inpatient
treatment.
Trial Release under §
37-3-85(b)(2). The patient must obtain outpatient treatment for the remaining period the
patient would have been required to obtain inpatient treatment.
Assisted Outpatient Treatment under § 37-3-93(a). Outpatient
treatment may be ordered for a period not to exceed one year.
- Procedure necessary to transfer patient from outpatient to
inpatient care.
§ 37-3-82(a). "If
at any time during a period of involuntary outpatient treatment…the physician or
psychologist in charge of the patient's outpatient service plan determines that, because
of a change in the patient's condition, the least restrictive alternative which would
accomplish the treatment goals is hospitalization of the patient, then that physician or
psychologist may execute a certificate under the conditions specified [in § 37-3-41(a)]
[which allows the physician to certify the patient as one needing involuntary inpatient
treatment]." The patient will be delivered to an emergency receiving facility and
will be examined, in accordance with procedures discussed in No. 7 and No. 8.
Note: Since the statute cites § 37-3-41(a) on certification
and since the statute provides no other information on the matter, it appears that any
additional procedures, including a hearing under § 37-3-81(a),(c), also would follow.
However, since the Georgia Code does not explicitly state as such, this should not be
assumed to be the law.
- Procedure necessary to institute and maximum duration of
subsequent periods of alternative(s) to inpatient assisted treatment.
§ 37-3-93(b)(1). "If
it is necessary to continue available outpatient treatment beyond the period
authorized…at least 60 days prior to the expiration of that period, the physician or
psychologist responsible for that treatment or the person responsible for the
patient’s treatment under the direction and with approval of the physician or
psychologist shall:
applicable
to the mentally ill.
§ 37-3-1(15). "‘Representatives’
means the persons appointed…to receive notice of the proceedings for voluntary or
involuntary treatment."
Appointment of Representatives:
§ 37-3-147(a). "At the time a patient is admitted to any
facility under this chapter, that facility shall use diligent efforts to secure the names
and addresses of at least two representatives…"
(b). "The patient may designate one
representative; the second representative or, in the absence of designation of one
representative by the patient, both representatives shall be selected by the facility. If
the facility is to select both representatives, it must make one selection from among the
following persons in the order of listing: the patient's legal guardian, spouse, adult
child, parent, attorney, adult next of kin, or adult friend…" However, if the
court has selected a representative for the patient, the facility must chose that
representative. "The second representative shall also be selected from the above list
but without regard to the order of listing, provided that the second representative shall
not be the person who filed the petition to have the patient admitted to the
facility."
(c). "If the facility is unable to secure at least
two representatives after diligent search or if the department is the guardian of the
patient…the facility shall apply to the court…" for the appointment of a
guardian, other than the department.
Comment: Georgia’s Mental Health Law provides for
the appointment of representatives for each mentally ill patient. The patient can choose
one representative, the facility chooses the other. The representative chosen by the
facility must be chosen from an ordered list, such that it will generally be a legal
guardian, spouse, family member, attorney or friend, in that order.
Rights of Representatives:
§ 37-3-148(a). "At any time and without notice, a person detained by
a facility or a relative or friend on behalf of such person may petition, as provided by
law, for a writ of habeas corpus to question the cause and legality of detention and to
request any court of competent jurisdiction on its own initiative to issue a writ for
release…"
(b). "A patient or his representatives may file a
petition in the appropriate court alleging that the patient is being unjustly denied a
right or privilege granted by this chapter or that a procedure authorized by this chapter
is being abused. Upon the filing of such a petition, the court shall have the authority to
conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this
chapter."
§ 37-3-22(a). A voluntary patient’s
representative, legal guardian, parent, spouse, attorney, or adult next of kin may request
the patient’s discharge, in writing. If the patient admitted himself/herself,
voluntarily, then the person requesting discharge (other than a legal guardian) must
obtain the consent of the patient. If the chief medical officer determines discharge is
inappropriate, involuntary proceedings are initiated.
Comment: In addition to the rights of representatives
discussed directly above, specific sections of the Georgia Code provide that
representatives must receive notice of discharges and hearings.
