Prerequisite Findings Prior to Appointment of Emergency Guardian; Evaluation; Notice; Hearing

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Adults
  5. Procedure for Appointment
  6. Prerequisite Findings Prior to Appointment of Emergency Guardian; Evaluation; Notice; Hearing

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  1. Upon the filing of a petition for an emergency guardianship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency guardian within the meaning of paragraph (4) of subsection (b) of Code Section 29-4-14.
  2. If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.
  3. If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall:
    1. Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;
    2. Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;
    3. Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-4-11;
    4. Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
      1. Be served personally on the proposed ward by an officer of the court and shall not be served by mail;
      2. Inform the proposed ward that a petition has been filed to have an emergency guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency guardian is appointed, the proposed ward may lose important rights to control the management of the proposed ward's person;
      3. Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;
      4. Inform the proposed ward of the appointment of legal counsel; and
      5. Inform the proposed ward of the date and time of the hearing on the emergency guardianship; and
    5. Appoint an emergency guardian to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker. Appointment of an emergency guardian under this paragraph is not a final determination of the proposed ward's need for a nonemergency guardian. Any emergency guardian appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward.

(Code 1981, §29-4-15, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 10/SB 534.)


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