§ 37-11-5. Designation of Agent; Authority; Removal by Court
A declarant may designate a competent adult to act as his or her agent to make decisions about his or her mental health care. An alternative agent may also be designated. An agent shall have no authority to make mental health care decisions when a declarant is capable. The authority of an agent shall continue […]
§ 37-11-6. Rights of Agent
Except to the extent that a right is limited by a directive or by any state or federal law or regulation, an agent shall have the same right as a declarant to receive information regarding the proposed mental health care and to receive, review, and consent to disclosure of medical records, including records relating to […]
§ 37-11-7. Persons Ineligible to Serve as Agents
The following persons shall not serve as a declarant’s agent: Such declarant’s provider or an employee of that provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant’s mental health care; or An employee of the Department of Behavioral Health and Developmental Disabilities […]
§ 37-11-8. Withdrawal by Agent
An agent may withdraw by giving written notice to a declarant. If such declarant is incapable of making mental health care decisions, such agent may withdraw by giving written notice to the provider or facility that is providing mental health care to the declarant at the time of the agent’s withdrawal. Any provider or facility […]
§ 37-9-8. Use of Assets Other Than Income for Determination of Assessments; Assets Exempt From Determination; Levy of Assessment
In addition to the use of income for determining assessments provided for in this chapter and for the payment thereof, any other assets of a person liable for cost of care, except as provided in subsection (b) of this Code section, shall be considered in determining an assessment and shall be liable to be assessed […]
§ 37-11-9. Witness Requirement; Period of Validity; Civil Liability of Witnesses; Copies
A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound […]
§ 37-9-9. Exhaustion of Benefits Under Other Programs or Plans Required Prior to Expenditure of Public Funds; Determination of Assessments; Assignment of Benefits; Subrogation
Notwithstanding any other provisions of law, the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this chapter to any patient until such patient has exhausted his or her eligibility and receipt of benefits under all other existing or future private, public, local, state, […]
§ 37-11-10. Revocation; Effect of Marriage or Appointment of Guardian
A directive may be revoked in whole or in part at any time by the declarant, so long as such declarant is capable, by any of the following methods: By completing a new directive that has provisions which are inconsistent with the provisions of a previously executed directive; an advance directive for health care executed […]
§ 37-9-10. Hearings
Hearings shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and judicial review of a final decision by the department shall be as provided in Code Section 50-13-19. History. Ga. L. 1979, p. 834, § 9.
§ 37-11-11. Inclusion in Medical Record; Continuing Consent
Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant’s medical record. In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed […]