§ 31-36A-7. Petition for Order by Healthcare Facility; Issuance, Expiration, and Limited Authorization of Order; Effect on Other Laws; Immunity From Liability or Disciplinary Action

1. In the absence of a person authorized to consent under the provisions of Code Section 31-36A-6, any interested person or persons, including, but not limited to, any authority, corporation, partnership, or other entity operating the healthcare facility where the adult who is unable to consent is then present, with or without the assistance of legal counsel, may petition the probate court for a healthcare placement transfer, admission, or discharge order. The petition must be verified and filed in the county where the adult requiring an alternative placement or transfer, admission, or discharge resides or is found, provided that the probate court of the county where the adult is found shall not have jurisdiction to grant the order if it appears that the adult was removed to that county solely for purposes of filing such a petition. The petition shall set forth:
   1. The name, age, address, and county of the residence of the adult, if known;
   2. The name, address, and county of residence of the petitioner;
   3. The relationship of the petitioner to the adult;
   4. The current location of the adult;
   5. A physician’s certification pursuant to Code Section 31-36A-5;
   6. The absence of any person to consent to such transfer, admission, or discharge as authorized by the provisions of Code Section 31-36A-6;
   7. Name and address of the recommended alternative healthcare facility or placement; and
   8. A statement of the reasons for such transfer, admission, or discharge as required by subsections (b) and (c) of this Code section.
2. The petition shall be supported by the affidavit of an attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, attesting the following:
   1. The adult is unable to consent for himself or herself;
   2. It is the physician’s belief that it is in the adult’s best interest to be admitted to or discharged from a hospital, institution, medical center, or other healthcare institution providing health or personal care for treatment of any type of physical or mental condition or to be transferred to an alternative facility or placement, including, but not limited to, nursing facilities, assisted living communities, personal care homes, rehabilitation facilities, and home and community based programs; and
   3. The identified type of healthcare facility or placement will provide the adult with the recommended services to meet the needs of the adult and is the most appropriate, least restrictive level of care available.
3. The petition shall also be supported by the affidavit of the discharging healthcare facility’s discharge planner, social worker, or other designated personnel attesting to and explaining the following:
   1. There is an absence of a person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6;
   2. The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care and reasons therefor; and
   3. Alternative facilities or placements were considered, including home and community based placements and available placements, if any, that were in reasonable proximity to the adult’s residence.
4. The court shall review the petition and accompanying affidavits and other information to determine if all the necessary information is provided to the court as required in subsections (a), (b), and (c) of this Code section. The court shall enter an instanter order if the following information is provided:
   1. The adult is unable to consent for himself or herself;
   2. There is an absence of any person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6;
   3. It is in the adult’s best interest to be discharged from a hospital, institution, medical center, or other healthcare institution or placement providing health or personal care for treatment for any type of physical or mental condition and to be admitted or transferred to an alternative facility or placement;
   4. The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care; and
   5. Alternative facilities or placements were considered, including home and community based placements and available placements, if any, in reasonable proximity to the adult’s residence.

      The order shall authorize the petitioner or the petitioner’s designee to do all things necessary to accomplish the discharge from a hospital, institution, medical center, or other healthcare institution and the transfer to or admission to the recommended facility or placement.

5. The order authorizing such transfer, admission, or discharge shall expire upon the earliest of the following:
   1. The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to, assisting with the completion of applications for financial coverage and insurance benefits for the health or personal care;
   2. Upon a physician’s certification that the adult is able to understand and make decisions regarding his or her placements for health or personal care and can communicate such decisions by any means; or
   3. At a time specified by the court not to exceed 30 days from the date of the order.
6. The order is limited to authorizing the transfer, admission, or discharge and other responsibilities associated with such decision, such as authorizing the application for financial coverage and insurance benefits. It does not include the authority to perform any other acts on behalf of the adult not expressly authorized in this Code section.
7. This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a healthcare facility or placement. Further, such person retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge.
8. Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct.

History. Code 1981, § 31-36A-7 , enacted by Ga. L. 1999, p. 485, § 5; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 227, § 22/SB 178; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2020, p. 55, § 7/SB 372.

The 2020 amendment, effective July 1, 2020, substituted “healthcare” for “health care” throughout this Code section; deleted former subsection (e), which read: “At the same time as issuing the order, the court shall provide a copy of said order to the commissioner of public health”; and redesignated former subsections (f) through (i) as present subsections (e) through (h), respectively.

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).