Hearing on Petition for Court Ordered Evaluation; Notice; Appointment of Representatives; Patient's Right to Counsel; Waiver of Hearing by Patient; Procedure Upon Issuance of Order for Evaluation

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
  5. Examination, Hospitalization, and Treatment of Involuntary Patients
  6. Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness
  7. Hearing on Petition for Court Ordered Evaluation; Notice; Appointment of Representatives; Patient's Right to Counsel; Waiver of Hearing by Patient; Procedure Upon Issuance of Order for Evaluation

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  1. The court shall review the petition filed under Code Section 37-7-61 and if the court finds reasonable cause to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall hold a full and fair hearing on the petition no sooner than ten days and no later than 15 days after such petition is filed. Within five days after the filing of such petition, the court shall serve notice of the hearing upon the patient and his representatives and upon the petitioner. Representatives for the patient shall be appointed pursuant to Code Section 37-7-147, provided that the court shall designate the second representative or, in the absence of designation of one representative by the patient, both representatives; and, in the absence of such representatives or if the department is the guardian, the court shall appoint a guardian ad litem who is not the department. The notice required by this Code section shall include the time and place of the hearing; notice of the patient's right to counsel, that the patient or his representatives may apply for court appointed counsel if the patient cannot afford counsel, and that the court will appoint counsel unless the patient indicates in writing that he does not wish to be represented by counsel; and notice that the patient may waive his rights to a hearing under this Code section. A copy of the petition filed under Code Section 37-7-61 shall be attached to the notice. The patient shall have a right to counsel. If the patient is unable to afford counsel, the court shall appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel. The hearing may be waived by the patient after appointment or waiver of counsel.
  2. 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 peace officer to deliver the patient forthwith to the evaluating facility designated by the department to admit persons ordered by that court to be evaluated.

(Code 1933, § 88-404.13, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-405.3, enacted by Ga. L. 1978, p. 1856, § 1.)

Cross references.

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

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 96, 97.


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