2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 36A - TEMPORARY HEALTH CARE PLACEMENT DECISION MAKER FOR AN ADULT (§§ 31-36A-1 — 31-36A-7) › Section 31-36A-6 - Persons authorized to consent; expiration of authorization; limitations on authority to consent; effect on other laws; immunity from liability or disciplinary action

(a)
Upon a physician's certification pursuant to Code Section
31-36A-5
, and in addition to such other persons as may be otherwise authorized and empowered, any one of the following persons is authorized and empowered to consent, in the priority order listed below, either orally or otherwise, to such transfer, admission, or discharge:
(1)
Any adult, for himself or herself;
(2)
Any person authorized to give such consent for the adult under an advance directive for health care, psychiatric advance directive, or durable power of attorney for health care under Chapter 32 of this title;
(3)
Any guardian of the person for his or her ward;
(4)
Any spouse for his or her spouse;
(5)
Any adult child for such person's parent;
(6)
Any parent for such person's adult child;
(7)
Any adult for such person's adult brother or sister;
(8)
Any grandparent for such person's adult grandchild;
(9)
Any adult grandchild for such person's grandparent;
(10)
Any adult uncle or aunt for such person's adult nephew or niece; or
(11)
Any adult nephew or niece for such person's adult uncle or aunt.
(b)
Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to a transfer, admission, or discharge which the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered or, if the patient's preferences are unknown, which such person believes the patient would have wanted had the patient been able to consent in the circumstances under which such transfer, admission, or discharge is considered. The current health care facility's discharge planner, social worker, or other designated personnel shall assist the person authorized to consent under subsection (a) of this Code section with identifying the most appropriate, least restrictive level of care available, including home and community based services and available placements, if any, in reasonable proximity to the patient's residence.
(c)
The authorization to consent to 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 applications for financial coverage and insurance benefits for health or personal care;
(2)
Upon a physician's certification that the adult is able to consent to decisions regarding his or her placements for health or personal care; or
(3)
Upon discovery that another person authorized under subsection (a) of this Code section of a higher priority is available who has not affirmatively waived his or her 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 such authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority.
(d)
The authorization to give consent for transfer, admission, or discharge is limited solely to said transfer, admission, or discharge decision and responsibilities associated with such decision, including providing assistance with financial assistance applications. It does not include the power or authority to perform any other acts on behalf of the adult not expressly authorized in this Code section.
(e)
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 health care facility or placement. Further, the adult retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge.
(f)
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.
Amended by 2022 Ga. Laws 836,§ 2-19, eff. 7/1/2022.
Amended by 2007 Ga. Laws 48,§ 14, eff. 7/1/2007.