4003 Client Safety

Georgia State Seal

Georgia Division of Aging Services
Public Guardianship for Adults Manual

Chapter:

4000 Safety of the Person Under Guardianship

Effective Date:

08/01/2022

Section Title:

Client Safety

Reviewed or Updated in:

MT 2023-01

Section Number:

4003

Previous Update:

MT 2022-02

Policy Statement

Public Guardianship Office (PGO) staff shall take measures to ensure the safety and well-being of the person under guardianship.

Except as otherwise provided by law or by the court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare.

…A guardian shall at all times act as a fiduciary in the ward’s best interest and exercise reasonable care, diligence, and prudence. O.C.G.A. § 29-4-22(a)

A guardian shall:

…(6) Arrange for the support, care, education, health, and welfare of the ward, considering the ward’s needs and available resources… O.C.G.A. § 29-4-22(b)

Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony O.C.G.A. § 16-5-102(a)

A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized. O.C.G.A. § 16-5-101(a)

The following persons having reasonable cause to believe that a disabled adult or elder person has been the victim of abuse, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section:

…(ix) Employees of a public or private agency engaged in professional health related services to elder persons or disabled adults;… O.C.G.A. § 30-5-4

Basic Considerations

General Safety

To promote client safety, PGO staff must monitor and review the person under guardianship’s:

  • Physical health

  • Mental health

  • Medical treatment

  • Living environment (regular visits must be unannounced)

PGO staff must also monitor and review:

  • Licenses/certification of providers, where applicable

  • Safety protocols, if person resides in a facility

Checks for current Healthcare Facility Regulation licensure must be completed and documented monthly for clients residing in a facility.

PGO staff must provide current emergency contact information to the client and as appropriate their caregiver and family member(s).

For Clients residing in a host home, group home, personal care home, assisted living facility or nursing home, locate the facility’s emergency plan and evacuation plan, copy both, and upload them as attachments in the Client’s electronic record.

When safety issues in the Client’s residence are identified, they must be addressed and documented in the case note.

Abuse, Neglect, and Exploitation (A/N/E)

Guardianship clients should be free from abuse, neglect, and exploitation. As mandated reporters, DHS representatives will report indications or allegations of abuse, neglect or exploitation as mandated by law. (Refer to APS MAN5500 Section 1005 – Definitions)

Any time A/N/E is witnessed or suspected, PGO staff must:

  • Report it to their supervisor

  • Complete a Critical Incident and Death Reporting Form. (Refer to PGO Policy Manual – Section 4006)

  • Report it to the proper authority or authorities

    • Adult Protective Services (APS)

      APS investigates allegations of A/N/E of adults with disabilities (age 18 over) and elder persons (age 65 or older), present in Georgia who are not residents of long-term care facilities (LTCF)

    • Healthcare Facility Regulation (HFR)

      The Department of Community Health (DCH), Healthcare Facility Regulation (HFR) investigates allegations of A/N/E in hospitals and long-term care facilities (LTCF). A LTCF is any skilled nursing home, intermediate care home, personal care home (PCH), or community living arrangement (CLA).

    • Law Enforcement

      Anytime there is abuse, neglect or exploitation of a client, law enforcement must be notified except in cases of self-neglect.

If there is an imminent threat of harm or danger to the person under guardianship, PGO staff must immediately remove the person from the situation.

If there is an imminent threat of harm or danger, contact law enforcement immediately.

To report allegations of A/N/E, PGO staff must collect as much information as possible regarding what occurred, who was involved, when the incident occurred and where the incident occurred. This information should be gathered in a manner that does threaten the safety of the client or case manager.

When an Adult Protective Services (APS) report of abuse, neglect, or exploitation is received which involves a current DHS employee (as either the victim or as the alleged perpetrator), including a member of his/her immediate family, the report will be handled administratively and not at the level of Central Intake (CI). Report all cases of employee misconduct and/or suspected criminal activities by DHS employees to OIG. (Refer to OIG POL1750 and section 2011).

References

O.C.G.A. § 29-4-22a; O.C.G.A. § 29-4-22(b); O.C.G.A. § 16-5-101(a); O.C.G.A. § 16-5-101(b); O.C.G.A. TITLE 30 Chapter 5 et seq; MAN5800 - Sections 3004 and 4006; MAN5500 – Section 1005