Compilation of Rules and Regulations of the State of Georgia
Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES
Chapter 82-5 - PATIENT'S RIGHT
Subject 82-5-1 - PATIENT'S RIGHT
Rule 82-5-1-.05 - Personal Affairs

Universal Citation: GA Rules and Regs r 82-5-1-.05

Current through Rules and Regulations filed through September 23, 2024

(1) General. No individual, whether voluntary or involuntary, shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law. Hospital staff may exercise clinically-informed discretion in deciding whether to assist an individual in exercising these rights. These rights include, but are not limited to:

(a) The right to dispose of property;

(b) The right to execute legal instruments;

(c) The right to make purchases;

(d) The right to enter into contractual relationships;

(e) The right to register and vote;

(f) The right to marry and to obtain a separation, divorce, or annulment;

(g) The right to hold a driver's license; and

(h) The right to make a will.

(2) Legal Counsel.

(a) Each individual admitted to a facility has the right to secure legal counsel to represent the individual in the individual's personal affairs during the individual's hospitalization. The individual should be assisted by staff members to the extent possible in securing legal counsel.
1. If the individual can afford legal counsel, the individual may secure counsel at the individual's own expense.

2. If the individual needs legal counsel for the individual's personal affairs but cannot afford such counsel, the individual may contact the local legal aid service for assistance.

3. Each facility shall post on every treatment unit the name, address, and telephone number of local lawyer referral services and local agencies which provide legal services to indigent persons.

(b) The securing of legal counsel for an individual at hearings concerning the individual's committal or treatment is not governed by these regulations.

(c) Each individual admitted to a facility shall have the right to have the individual's legal counsel visit the individual at the facility. The individual (or the individual's guardian or parent, if applicable) or the attorney shall provide the facility with the attorney's name, telephone number, and address. The staff shall require the attorney to produce proper identification and proof of current certification as an attorney upon the initial visit and thereafter as necessary. The attorney shall be allowed to visit the individual at the facility at any reasonable time, and subject to other reasonable regulations. The attorney shall be provided a private area in which to consult with the individual.

(d) Upon the individual's written authorization, the attorney shall be allowed to examine the individual's clinical record and shall also be allowed to interview staff who have treated the individual. However, an attorney for matters relating to the individual's presence at the facility by virtue of Title 37 or by virtue of a Court Order in a criminal case may view the individual's record during the period of the attorney's representation of the individual on such matters.

(3) Voting.

(a) Each individual admitted to a facility who is entitled to vote shall be given the right to vote in primary, special, and general elections and in referenda.

(b) The Regional Hospital Administrator of each facility, or their designee, shall:
1. At least 30 days prior to a national or statewide election, post notice of the election in each hospital treatment unit;

2. Notify individuals 18 years old and over of their right to register to vote, to obtain absentee ballots, and to cast ballots; and the notification shall be conducted to allow sufficient time for voter registration and acquisition of absentee ballots;

3. When clinically suitable and if staffing of the facility permits, allow residents to leave the premises to exercise voting privileges or to register to vote, and require personnel, where available, to accompany residents; otherwise voting by absentee ballot is sufficient;

4. Make arrangements with state and local officials to provide for voter registration and casting of ballots by interested individuals; and

5. Assist election officials in determining an individual's place of residence for voting purposes.

(4) Employment Outside Facility.

(a) Each facility shall encourage and assist an individual in securing suitable employment outside the facility, if the individual wishes to be so employed and if such employment will aid in the individual's treatment. The training of individuals for gainful employment shall also be encouraged through appropriate resources and referrals.

(b) All wages and benefits earned by employment outside the facility shall belong solely to the individual.

(5) Attorney's Access.

(a) An attorney representing an individual in a matter relating to the individual's hospitalization shall have the right to visit and consult with the individual at the facility in accordance with § 82-5-1-.05(2)(c) of these regulations.

(b) At reasonable times, and subject to the notification and identification provisions of § 82-5-1-.05(2)(c) of these regulations, the individual's attorney for hospitalization matters shall have the right to interview the physician and staff members who attended or are now attending the individual, and the right to have the individual's records interpreted by them.

(c) The chief medical officer or Regional Hospital Administrator of each facility shall establish reasonable policies to make available to the individual's attorney all information not otherwise privileged in the possession of the facility which the attorney requires to advise and represent the individual concerning matters relating to the individual's presence at the facility by virtue of O.C.G.A. Title 37 or by virtue of a court order in a criminal case.

O.C.G.A. §§ 37-1-23, 37-1-40, 37-1-41, 37-3-2, 37-4-3, 37-7-2, 37-3-140, 37-4-100, 37-7-140, 37-3-141, 37-4-101, 37-37-7-141, 37-3-166, 37-3-168, 37-4-125, 37-4-127, 37-7-166, 37-7-168, 37-3-144, 37-4-104, 37-7-144.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.