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In the Interest of Farr

The trial court properly dismissed a hospital's petition to appoint an emergency guardian for a patient, as the petition failed to identify any immediate risk of harm to the patient constituting an emergency.

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This appeal follows the dismissal of St. Joseph’s/Candler Health System’s “SJCHS” petition for the appointment of an emergency guardian for Claudine Tapley Farr, who is a patient at St. Joseph’s Hospital in Savannah. On appeal, SJCHS contends that the probate court erred by dismissing the emergency guardianship petition for failure to satisfy the requirements of OCGA § 29-4-14 b 4. For the reasons set forth infra, we affirm.

The record reflects that SJCHS filed a petition in the Probate Court of Chatham County for the appointment of an emergency guardian.1 The petition, which was supported by various affidavits and evaluations from SJCHS employees including physicians, alleged that Farr was “incapacitated by reason of end stage Parkinson’s disease, diabetes mellitus, recurring infections, contracted extremities and respiratory failure” to the extent that she lacked “sufficient capacity to make or communicate significant responsible decisions concerning her health or safety,” and that there was “an immediate, clear and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed.” Accordingly, SJCHS sought the appointment of an emergency guardian and requested that such guardian be ordered to assist SJCHS in accomplishing Farr’s discharge from St. Joseph’s Hospital.

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