Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Examination, Treatment, etc., for Mental Illness
  5. Rights and Privileges of Patients, Their Representatives, etc., Generally
  6. General Provisions
  7. Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem

Checkout our iOS App for a better way to browser and research.

  1. At the time a person who has mental illness is admitted to any facility under this chapter or as soon thereafter as reasonably possible given the person's condition or mental state at the time of admission, such facility shall use diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the person's clinical record.
  2. 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, provided that, in the case of a patient whose representative or representatives have been appointed by the court under Code Section 37-3-62, the facility shall not select a different 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.
  3. If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the patient, that fact shall be entered in the patient's clinical record and the facility shall apply to the court in the county of the patient's residence for the appointment of a guardian ad litem, which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a patient for whom two representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall also act as representative of the patient and shall have the powers granted to representatives by this chapter.
  4. At any time notice is required by this chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under this Code section. The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first-class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the patient's clinical record. Service shall be completed upon mailing.
  5. At any time notice is required by this chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to comprehend the written notice, a reasonable effort shall be made to explain the notice to him.
  6. At the time a court enters an order pursuant to this chapter, such order and notice of the date of entry of the order shall be served on the patient and his representatives as provided in subsection (d) of this Code section.
  7. Notice of an involuntary patient's admission to a facility shall be given to his representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible.
  8. In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment.

(Code 1933, § 88-502.15, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1971, p. 623, § 1; Ga. L. 1971, p. 784, § 1; Code 1933, § 88-502.19, enacted by Ga. L. 1971, p. 807, § 1; Code 1933, § 88-502.18, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1995, p. 10, § 37; Ga. L. 2016, p. 313, § 3/SB 271; Ga. L. 2017, p. 774, § 37/HB 323.)

The 2016 amendment, effective July 1, 2016, in subsection (a), substituted "person who has mental illness" for "patient" near the beginning, inserted "or as soon thereafter as reasonably possible given the person's condition or mental state at the time of admission" near the middle, and substituted "person's" for "patient's" near the end.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "such facility" for "that facility" near the middle of subsection (a).

Cross references.

- Guardians of incapacitated adults, T. 29, C. 5.

JUDICIAL DECISIONS

Cited in Anderson v. Smith, 76 Ga. App. 171, 45 S.E.2d 282 (1947); Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980).

RESEARCH REFERENCES

ALR.

- Construction and application of statute prescribing that notice of petition or hearing for appointment of guardian be of such nature or be given to such persons as court deems reasonable or proper, 109 A.L.R. 338.

Liability of guardian ad litem for infant party to civil suit for negligence in connection with suit, 14 A.L.R.5th 929.


Download our app to see the most-to-date content.