How to Legally Send an Adult to Rehab for Alcohol in the State of Georgia

Georgia offers legal recourse for sending adults to alcohl treatment.

Sometimes a family member or loved one struggles with alcohol addiction and will not respond to confrontations regarding the issue. Despite life circumstances, including job loss, relationship issues and legal problems, the alcoholic continues in denial regarding his substance abuse issues. For safety to the individual, and as a last resort, involuntary commitment to an alcohol rehab facility may be the only option to keep the addict from harming others or himself. The state of Georgia provides legal recourse for such commitment.

Things You'll Need

• Georgia Form 2021 - Certificate Authorizing Retention in Evaluating Facility Pending Transfer to Treatment Facility

Instructions

Involuntary Comittment of an Alcoholic to Rehab

1. Take the adult in question to the doctor for a complete evaluation to determine his use of alcohol. This evaluation allows the facility to hold the patient for up to 21 days with no hearing.

2. Have the physician completely fill out Georgia Form 2021. This form states that the individual in question is an alcoholic and that she presents a harm to herself or others or that she cannot make her own decisions because of the use of alcohol.

3. Place the alcoholic in a facility licensed by the Georgia Department of Health.

4. File Form 2021 with the county court where the facility is located within five days of admitting the alcoholic into the treatment facility. Filing the form ensures that the alcoholic remains in the facility until treatment is completed.

Tips & Warnings

• The Supreme Court of Georgia has determined that even patients who enter an alcohol rehabilitation program voluntarily may later be committed involuntarily. This does not constitute false imprisonment. This applies only to situations involving serious possible harm or death.

• If law enforcement personnel transport the alcoholic to a facility, the commitment time frame is up to 23 days. Prior to the expiration of Form 2021 authorization, a medical committee will examine the patient to determine the need for additional treatment.

• The patient or his representatives can file a request for a hearing, which will occur within 15 days. The patient has the right to his own counsel or to a court-appointed lawyer, should he not be able to afford one. The court can mandate up to one year of outpatient or residential treatment or a combination of the two.

References

• All Business: GA: `Voluntary' Detox Pt. Later `Involuntary': Involuntary Detention Not False Imprisonment.
• OLR Research Report: Involuntary Civil Commitment
• Justicia Laws and Regulations: 2006 Georgia Code - 37-7-83
• Central State Hospital, Georgia: Georgia Form 2021