§ 37-11-5 — Designation of agent; authority; removal by court

(a) 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. (b) An agent shall have no authority to make mental health care decisions when a declarant is capable. (c) The authority of an agent shall continue in effect so long as the directive appointing such agent is in effect or until such agent has withdrawn. (d) An agent appointed by a declarant: (1) Shall be authorized to make any and all mental health care decisions on behalf of such declarant which such declarant could make if such declarant were capable; (2) Shall exercise granted powers in a manner consistent with the intent and desires of such declarant. If such declarant's intentions and desires are not expressed or are unclear, the agent shall act in such declarant's best interests, considering the benefits, burdens, and risks of such declarant's circumstances and mental health care options; (3) Shall not be under any duty to exercise granted powers or to assume control of or responsibility for such declarant's mental health care; but, when granted powers are exercised, the agent shall be required to use due care to act for the benefit of such declarant in accordance with the terms of the psychiatric advance directive; (4) Shall not make a mental health care decision different from or contrary to such declarant's instruction if such declarant is capable at the time of the request for consent or refusal of mental health care; (5) (A) May make a mental health care decision different from or contrary to such declarant's instruction in such declarant's psychiatric advance directive if: (i) Such declarant's provider or facility determines in good faith at the time of consent or refusal of mental health care that the mental health care requested or refused in the directive's instructions is: (I) Unavailable; (II) Medically contraindicated in a manner that would result in substantial harm to such declarant if administered; or (III) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit such declarant or has proven ineffective in treating such declarant's mental health condition; and (ii) The mental health care requested or refused in the directive's instructions is unlikely to be delivered by another provider or facility in the community under the circumstances. (B) In the event the agent exercises authority under one of the circumstances set forth in subparagraph (A) of this paragraph, the agent shall exercise the authority in a manner consistent with the intent and desires of such declarant. If such declarant's intentions and desires are not expressed or are unclear, the agent shall act in such declarant's best interests, considering the benefits, burdens, and risks of such declarant's circumstances and mental health care options; (6) Shall not delegate authority to make mental health care decisions; and (7) Has the following general powers, unless expressly limited in the psychiatric advance directive: (A) To sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to exercise the powers granted to the agent; (B) To consent to, authorize, refuse, or withdraw consent to any providers and any type of mental health care of such declarant, including any medication program; (C) To request and consent to admission or discharge from any facility; and (D) To contract for mental health care and facilities in the name of and on behalf of such declarant, and the agent shall not be personally financially liable for any services or mental health care contracted for on behalf of such declarant. (e) A court may remove a mental health care agent if it finds that an agent is not acting in accordance with the declarant's treatment instructions as expressed in his or her directive.

Legislative History

Added by 2022 Ga. Laws 836,§ 1-1, eff. 7/1/2022.