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As used in this chapter, the term:

  1. “Absence of a person authorized to consent” means that:
    1. After diligent efforts for a reasonable period of time, no person authorized to consent under the provisions of Code Section 31-36A-6 has been located; or
    2. All such authorized persons located have affirmatively waived their authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by an authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority.

    (1.1) “Psychiatric advance directive” means a written document voluntarily executed by an individual in accordance with the requirements of Code Section 37-11-9.

  2. “Unable to consent” means that an adult is unable to:
    1. Make rational and competent decisions regarding his or her placement options for health or personal care; or
    2. Communicate such decisions by any means.

History. Code 1981, § 31-36A-3 , enacted by Ga. L. 1999, p. 485, § 5; Ga. L. 2022, p. 611, § 2-18/HB 752.

The 2022 amendment, effective July 1, 2022, added paragraph (1.1).