9001 Death of a Person Under Guardianship | PUBLIC-GUARDIANSHIP-5800-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
9000 End of Life and Dying |
Effective Date: |
03/01/2022 |
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Section Title: |
Death of a Person Under Guardianship |
Reviewed or Updated in: |
MT 2022-03 |
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Section Number: |
9001 |
Previous Update: |
MT 2019-02 |
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Summary Statement
The Department of Human Services (DHS) Division of Aging Services (DAS) will follow established policy and procedure upon the death of a person under guardianship.
Requirements
The death of the person under guardianship automatically terminates the guardianship authority of DHS.
DHS, which was guardian at the time of the person’s death, shall take actions to identify and notify all known relatives, next-of-kin, other significant persons, and agencies/care coordinators known to PGO of the death within 24 hours of being made aware of the death. All attempts to notify the family and collaterals must be documented in DDS. Voicemail, text or emails cannot be the method of notification but can be used to request the family member contact staff. This request does not negate continued efforts by PGO staff to reach family members as soon as possible.
| PGO staff must check for family relations in DDS by checking the family relations tab and completing a keyword search for relatives (e.g., cousin, mother, brother, daughter…). The USPhoneBook, Google, Facebook, or other sources may also be used to find relatives. If these actions do not yield a record of a family relation, PGO staff may use ACCURINT to search for family relations. |
Written notification of the death of the person under guardianship shall be made to PGO management within 5 calendar days. A report shall be made immediately upon receipt of any such report of a person’s unexpected death no later than the close of the next business day. An "unexpected death" is defined as death that occurs as a result of homicide, suicide, accident or suddenly when in apparent good health. (Refer to Appendix “C,” Definitions.)
Reports shall be made using the PGO Critical Incident and Death Reporting Form or its subsequently approved form. A final personal status report shall be immediately filed with the probate court of jurisdiction.
Guardianship Limitations
Autopsy or Donation of Body
Under Georgia Law, guardianship authority ceases at the death of a person under guardianship, see O.C.G.A. § 29-4-42(e). DHS, as former guardian, has no authority to authorize an autopsy or the donation of a person’s body for research and cannot give consent. There are certain circumstances where a former guardian can choose to make some post-mortem decisions for a body, but no former guardian is required by law to do so.
| The coroner and/or medical examiner has the legal authority to require or authorize an autopsy. |
Release of Body
DHS, as former guardian, is not required by law to take steps to release a person’s body from a hospital/nursing home to a funeral home.
DHS, as former guardian, is not required by law to take steps to authorize cremation of a body. The conservator, if one has been appointed, or the family have the legal right to handle all necessary arrangements.
The DHS Associate General Counsel for DAS and the Special Assistant Attorney General (if SAAG is involved) shall be consulted on matters of law, if there are complications, as needed, related to the death of a person under guardianship.