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Georgia
Bill:
HB 36
About the bill:
If this bill is passed, it will update the part of the Code of Georgia about Guardians and Wards.
Code of Georgia: These are the rules or laws for the state of Georgia that say what people in Georgia can and cannot do.
Guardian: A person chosen by the court to be responsible for another person's choices, because they need extra support.
Ward: The person who needs a guardian because they can’t make all their own decisions.
This bill:
Updates the list of folks who can help with:
Putting a guardian in place for an adult
Changing or ending guardianship
Putting a guardian in place in an emergency
Putting in place a conservator for an adult
Changing or ending conservatorship
Putting a conservator in an emergency
Sets some limits on what emergency conservators can do..
Updates Requirements for the paperwork to put a guardian in place:
The paperwork needs to be confirmed by at least two people or backed by a signed piece of official paperwork (called an affidavit) from one of the following professionals with a license to do that work specifically:
Physician: A doctor who helps people stay healthy and treats them when they’re sick.
Psychologist: A person who talks to people about their thoughts and feelings to help them with emotional problems.
Physician assistant: A healthcare worker who helps doctors by treating patients and giving medical care.
Nurse practitioner or clinical nurse specialist in psychiatric or mental health: A nurse with extra training who can treat mental health problems and prescribe medicine.
Marriage and family therapist: A counselor who helps people with problems in their relationships, like with family or partners.
Professional counselor: A person who talks to people and helps them solve personal problems.
Licensed clinical social worker: A person trained to help people with emotional problems and connect them to services they need. They can also check on people and families to make sure they’re doing okay, and make suggestions for how to make things better.
For people in medical places run by the United Statements government, these professionals need to be cleared to work in that job.
Updates court processes for Guardianship
Choosing evaluators:
Evaluator: A person who checks on someone’s health, mind, or abilities to see if they need more support.
The court will choose an evaluator from the same list of professionals as before.
The evaluator can't be the same person who did the affidavit for the petition.
Check in process, called “evaluation”:
The evaluator needs to explain why the evaluation is happening, and anything said by the person suggested to be a ward is kept private and can't be used outside this.
The ward's lawyer can be there but can’t take part in the evaluation.
Evaluation parts:
Reporting yourself
Looking at what the person can do
Checking paperwork
Checking for cultural and language struggles.
Rules for writing up what is found in the evaluation:
A write up has to be turned in within 7 days of the evaluation and shared with the person suggested to be a ward, lawyers, and guardian (if there is one).
The report should cover the evaluation process, what was seen, and the needs of the person who might become a ward.
Lawyer Reply: The lawyer of the person suggested to be a ward can reply with their own check ins or confirmation from people who know the ward well.
This bill, if passed, updates paperwork to put emergency guardians in place: The paperwork needs to be signed by at least two people trying to get the guardian put in place or backed by a confirmation from one of the professionals from the list.
Meeting with a lawyer: Lawyers have to be available right away for the person who could become a ward.
Hearing Schedule: Emergency hearings should happen within 3 to 5 days after the paperwork is turned in.
Hearing: A meeting in court where a judge listens to people and decides what should happen.
Evaluation Rules: The evaluation must be done by one of the same pros listed above and wrapped up within three days.
An emergency guardian can be put in place before the hearing if there's a big risk right away that is confirmed a signed piece of paper affidavit from a real professional.
Emergency guardians will have limited powers just so they can handle the threat right away.
If this bill passes, paperwork to change guardianship has to be supported by signed paperwork from two people who know the ward or by one of the pros mentioned above.
And, paperwork to end guardianship must also be backed by signed papers from two knowledgeable people or by a pro.
This bill will also change what can happen for people who are trying to get a legal decision saying they don’t need a guardian changed. While they are waiting for the change, an emergency guardian can be put in place with limited power based on signed paperwork from a professional.
Applies similar updates to Conservatorships:
Conservatorship: When the court picks someone to help manage another person’s money and property because they can’t do it on their own.
Adds clinical social workers to the list of pros allowed to support this.
Emergency conservators have limited power, especially when it comes to spending money, which needs a “yes” from a judge.
This bill clarifies that conservators can settle claims for the ward if the settlement is $25,000 or less without needing court approval.
Settlements: Money that people agree to pay or receive to solve a legal problem, like after an accident or disagreement.
For settlements over $25,000, there are a few more rules.
If you want to change or end something, you need to back it up signed paperwork from two people who know what they’re talking about, or from a pro.
If this bill passes, people can now get an emergency conservator put in place while waiting for a changed decision, based on signed paperwork from a professional.
Evaluators, including clinical social workers (now included), can charge reasonable amounts of money for doing testing and showing up to hearings if a judge asks them to.
