---
title: O.C.G.A. § 31-36A-3. Definitions.
collection: code
id: 31-36A-3
cite_as: O.C.G.A. § 31-36A-3 (2025)
canonical_url: https://georgiacommons.org/code/31-36A-3
md_url: https://georgiacommons.org/code/31-36A-3.md
text_url: https://georgiacommons.org/code/31-36A-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=985
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / TEMPORARY HEALTH CARE PLACEMENT DECISION MAKER FOR AN ADULT
---

# O.C.G.A. § 31-36A-3. Definitions.

As used in this chapter, the term:

(1) “Absence of a person authorized to consent” means that:

(A) After diligent efforts for a reasonable period of time, no person authorized to consent under the provisions of Code Section 31-36A-6 has been located; or

(B) All such authorized persons located have affirmatively waived their authority to consent or dissent to admission to or discharge from a health care facility or placement or transfer to an alternative health care facility or placement, provided that dissent by an authorized person to a proposed admission, discharge, or transfer shall not be deemed waiver of authority.

(1.1) “Psychiatric advance directive” means a written document voluntarily executed by an individual in accordance with the requirements of Code Section 37-11-9.

(2) “Unable to consent” means that an adult is unable to:

(A) Make rational and competent decisions regarding his or her placement options for health or personal care; or

(B) Communicate such decisions by any means.

## History

Code 1981, § 31-36A-3, enacted by Ga. L. 1999, p. 485, § 5; Ga. L. 2022, p. 611, § 2-18/HB 752.

## Law Reviews

For article, “HB 752: Psychiatric Advance Directive Act,” see 39 Ga. St. U.L. Rev. 191 (2022).