Title 37, Chapter 4, Section 107
( 37-4-107)
(a) At the time a client is admitted to any facility under this
chapter, that facility shall make diligent efforts to secure the
names and addresses of at least two representatives, which names and
addresses shall be entered in the client's clinical record. (b) The client may designate one representative; the second
representative or, in the absence of designation of one
representative by the client, both representatives shall be selected
by the facility. If the facility is to select both representatives,
it must make one selection from among the following persons in the
order of listing: the client's legal guardian, spouse, adult child,
parent, attorney, adult next of kin, or adult friend. The second
representative shall also be selected from the above list but
without regard to the order of listing, provided that the second
representative shall not be the person who filed the petition
seeking an order for the client to receive services from the
department. (c) If the facility is unable to secure at least two representatives
after diligent search or if the department is the guardian of the
client, that fact shall be entered in the client's clinical record
and the facility shall apply to the court in the county of the
client's residence for the appointment of a guardian ad litem, which
guardian ad litem shall not be the department. On application of any
person or on its own motion, the court may also appoint a guardian
ad litem for a client for whom two representatives have been named
whenever the appointment of a guardian ad litem is deemed necessary
for protection of the client's rights. Such guardian ad litem shall
act as representative of the client on whom notice is to be served
under this chapter and shall have the powers granted to
representatives by this chapter. (d) At any time notice is required by this chapter to be given to
the client's representatives, such notice shall be served on the
representatives designated under this Code section. The client's
guardian ad litem, if any, shall likewise be served. Unless
otherwise provided, notice may be served in person or by first class
mail. When notice is served by mail, a record shall be made of the
date of mailing and shall be placed in the client's clinical record.
Service shall be completed upon mailing. (e) At any time notice is required by this chapter to be given to
the client, the date on which notice is given shall be entered on
the client's clinical record. If the client is unable to comprehend
a written notice, a reasonable effort shall be made to explain the
notice to him. (f) At the time a court enters an order pursuant to this chapter,
such order and notice of the date of entry of the order shall be
served on the client and his representatives as provided in
subsection (d) of this Code section. (g) Notice of a client's admission to a facility shall be given to
his representatives in writing. (h) In every instance in which a court shall appoint a guardian ad
litem for any person pursuant to the terms of this chapter, such
guardianship shall be for the limited purpose stated in the order of
the court and shall expire automatically after 90 days or after a
lesser time stated in the order. The responsibility of the guardian
ad litem shall not extend beyond the specific purpose of the
appointment. |