How to Utilize a PAD
In Georgia, declarants are responsible for providing a copy of their PAD to their crisis intervention team. We suggest that you provide a copy of your PAD to your agent, if you have declared one, or a trusted person in your life who can be responsible for providing a copy of your PAD to your care team. If you do not have a person in your life to fulfill this role here are some other options:
Keep a copy of your PAD on your phone
If you are having trouble accessing your phone in a facility, ask to speak to the patient advocate (hours 9 am - 5 pm weekdays)
Keep a copy of your PAD on a medical alert USB (many versions can be found on amazon.com)
* We do not financially benefit from the purchase of any medical alert USB
What can a PAD not do?
Be active at any facility outside of the state of Georgia.
Your directive cannot prevent involuntary hospitalization as outlined by other legal bills.
Your directive cannot force a provider or facility to provide care that you or a third-party will not pay for.
What are providers responsible to do with my PAD?
A provider should make every effort possible to follow the wishes you have outlined
If they feel that they cannot fulfill your wishes due to the requested care being unavailable, medically unsafe, or in their opinion is either contradictory to “reasonable medical standards” or has proven ineffective they are to:
Document the reason for deviation in your medical record
Promptly inform you and/or your acting agent of the deviation
If they decline to follow your wishes due to one or more of these reasons, your agent or acting legal guardian should arrange for a transfer to a facility that can accommodate your wishes. While awaiting transfer, the facility is to provide “reasonably necessary care.”
Part of House Bill 752 Outlining the Responsibilities of the Providers -
“37-11-12.
(a)(1) When acting under the authority of a directive, a provider or facility shall comply with it tothe fullest extent possible unless the requested mental health care is:
(A) Unavailable;
(B) Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or
(C) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit the declarant or has proven ineffective in treating such declarant's mental health condition.
(2) In the event that a part of a directive is unable to be followed due to any of the circumstances set forth in paragraph (1) of this subsection, all other parts of such directive shall be followed.
(b) If a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, such provider or facility shall:
(1) Document the reason for not following the directive in such declarant's medical record; and
(2) Promptly notify such declarant and his or her agent, if one is appointed in the directive, or otherwise such declarant's legal guardian, of the refusal to follow the directive or instructions of the agent and document the notification in such declarant's medical record.
(c) In the event a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, if an agent has been appointed, then the declarant's agent, or otherwise such declarant's legal guardian, shall arrange for such declarant's transfer to another provider or facility if the requested care would be delivered by that other provider or facility.
(d) A provider or facility unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of a declarant's mental health care agent shall continue to provide reasonably necessary consultation and care in connection with the pending transfer.
(e) A psychiatric advance directive shall not limit the involuntary examination, treatment, or hospitalization of patients pursuant to Chapter 3 or Chapter 7 of this title or evaluations or treatment services rendered pursuant to a court order under Code Section 17-7-130, 17-7-130.1, or 17-7-131. 319
(f) Nothing in this chapter shall be construed to require a provider or facility to provide mental health care for which a declarant or a third-party payor is unable or refuses to ensure payment.”
