GA Code § 37-3-150 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally|Part 1 - General Provisions|§ 37-3-150. Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right to Subsequent Appeal; Right to Legal Counsel on Appeal

 The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3.   (Code 1933, § 88-502.16, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.19, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 982, § 11; Ga. L. 1994, p. 1072, § 1; Ga. L. 1995, p. 10, § 37; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2016, p. 883, §§ 3-13, 3-14/HB 927.)   Editor's notes.   - Ga. L. 1986, p. 982, § 25, not codified by the General Assembly, provided that that Act would apply to all cases filed on or after July 1, 1986.   Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"   Ga. L. 2016, p. 883, § 6-1/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."   Law reviews.   - For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 205 (2016).   JUDICIAL DECISIONS   Judicial nature of judgments.    - Judgments by a court of ordinary (now probate court) ruling on mental competency or incompetency are judicial in nature and appealable to the superior court by the losing party. Tingle v. Harvill, 125 Ga. App. 312, 187 S.E.2d 536 (1972).    Procedure for determining competency seeks to protect the ward as well as the guardian and the members of the family who are required to receive notification by granting their full day in court including all appeals permitted in judicial proceedings. Tingle v. Harvill, 125 Ga. App. 312, 187 S.E.2d 536 (1972).    Guardian has the right of appeal to the superior court from an order of the court of ordinary (now probate court) restoring the ward to competency. Tingle v. Harvill, 125 Ga. App. 312, 187 S.E.2d 536 (1972).    Time for filing an appeal from the order of a court of ordinary (now probate court) in the application for the appointment of a guardian is governed by statute. Kiker v. Kiker, 126 Ga. App. 39, 189 S.E.2d 880 (1972).   Mental health facility has no right to appeal adverse commitment decision or to detain patient.    - Mental health facility did not have the right to appeal from an adverse involuntary commitment decision and the facility did not have statutory authority, nor would it have been constitutional, to detain the patient pending appeal of a probate court order of discharge. Georgia Mental Health Inst. v. Brady, 263 Ga. 591, 436 S.E.2d 219 (1993).   OPINIONS OF THE ATTORNEY GENERAL    When appointment of guardian ad litem required  Assuming compliance with the requisite search for representatives, the probate court need appoint a guardian ad litem only when there is no one in the specified categories available to represent the patient's interests. 1977 Op. Att'y Gen. No. U77-65.    Probate judge may not appoint physicians who are not residents of the judge's county  to a panel whose purpose is to determine the mental competency of a person, unless it is made to appear that there are not two physicians who do reside in the county. 1975 Op. Att'y Gen. No. U75-52.    Georgia Law 1986, p. 982, which affects procedures in probate courts in certain counties, does not affect mental health cases heard by probate courts under O.C.G.A. §§ 37-3-150,37-7-150 and37-4-110. 1986 Op. Att'y Gen. No. U86-18.   RESEARCH REFERENCES   ALR.   - Effect of death of appellant upon appeal from judgment of mental incompetence against him, 54 A.L.R.2d 1161.