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Temporary Health Care Placement Decision Maker for an Adult Act (O.C.G.A. § 31-36A-1 et seq.)

An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician’s belief that it is in the adult’s best interest to be discharged from a hospital, institution, medical center, or other health care institution providing health or personal care for treatment of any type of physical or mental condition and to be transferred to or admitted 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. After the certification is made anyone listed in O.C.G.A. § 31-36A-6(a) (which includes most relatives), may consent to a transfer, admission or discharge that is believed to be in the patient’s best interests. The authorization to give consent for transfer, admission, or discharge is limited solely to the transfer, admission, or discharge decision and responsibilities associated with that decision, including providing assistance with financial assistance applications. It does not include the power or authority to perform any other act on behalf of the adult.

If someone is available to consent to the admission, transfer or discharge, then any interested person including the health care facility, may petition the probate court for a health care placement transfer, admission or discharge order. If granted, 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 health care institution and the transfer to or admission to the recommended facility or placement.

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