Placement in a personal care home or nursing home often can be accomplished without a guardian, as long as the resident is either cooperative or incapable of objecting. A competent adult has the right to determine his own residence. A facility is without authority to restrain an adult without consent, unless the authority to determine residence has been placed in another (a guardian).
Consent & Objections
At times, it may be difficult to gauge whether a new resident will ultimately “object,” since he may be resistant at first but may adjust after a period of time. It comes down to whether the administrator of the facility feels it can safely keep the resident and prevent him from harming himself.
Of course, it is also necessary to make the financial arrangements for the care of the resident, which may be done by the resident (if competent), an attorney-in-fact, or by anyone accepting the obligation and guaranteeing payment.
Temporary Decision Maker
In 1999, the Georgia Legislature passed the Temporary Health Care Placement Decision Maker for an Adult Act. Upon certification by an attending physician, authority may be given to discharge an adult in a hospital, institution, medical center, or other health care institution who is deemed incapable of giving consent to a discharge. The adult may be discharged from such a facility and transferred or admitted to an alternative facility or placement, considered to be in the adult's best interested including:
Home and community based programs
Personal care homes
Authority to grant such limited consent is given to a list of persons similar to the Georgia Medical Consent Law.
Petitioning the Court
If no one authorized by such law is available or if all who are available waive authority to consent or dissent to the discharge, transfer, or admission, a petition may be filed in the probate court seeking an order solely authorizing such discharge, transfer or admission. The order will be limited in time to those purposes and does NOT result in the appointment of a guardian.