Guardianship Evaluations

If a Guardianship Petition moves forward, O.C.G.A. § 29-4-11(d) describes the required evaluation and how it works:

(1) If the petition is not dismissed under subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-4-10.

(2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissible as evidence in any proceeding other than a proceeding under this chapter. The proposed ward’s legal counsel shall have the right to be present but shall not participate in the evaluation.

(3) The evaluation shall be conducted with as little interference with the proposed ward’s activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:

(A) A self-report from the proposed ward, if possible;
(B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward;
(C) A review of the records for the proposed ward including, but not limited to, medical records, medication charts, and other available records;
(D) An assessment of cultural factors and language barriers that may impact the proposed ward’s abilities and living environment; and
(E) All other factors the evaluator determines to be appropriate to the evaluation.
(4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward’s legal counsel and, if any, the guardian ad litem.

(5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall:

(A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation;
(B) List all persons and other sources of information consulted in evaluating the proposed ward;
(C) Describe the proposed ward’s mental and physical state and condition, including all observed facts considered by the physician or psychologist or licensed clinical social worker;
(D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and
(E) Describe the needs of the proposed ward and their foreseeable duration.

(6) The proposed ward’s legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.