Recognition as a support recipient (instead of legal incapacity): what to do under Georgian law

What to do

1. Classification: adults are not declared legally incapable. A support recipient remains legally capable (Civil Code of Georgia, Art. 12), and is assigned support, not guardianship (same Code, Art. 1275). Alcohol and drug dependence is a different institution.
2. Application: it may be filed by the person themselves, a family member, a legal representative, the guardianship authority, or a (psychiatric) institution (Civil Procedure Code of Georgia (CPC), Art. 363¹⁴). It goes to the court at the place of residence (or of the treating institution) (CPC, Art. 363¹⁴). The application must specify the spheres of support and the threat of harm (CPC, Art. 363¹⁵), and attach the opinions of a psychiatrist, a psychologist and a social expert, if any (same, Art. 363¹⁵). The spheres include property, place of residence, consent to treatment, and others (same, Art. 363¹⁵). The applicant is exempt from court costs (CPC, Art. 363¹⁸).
3. Process: the application is accepted within 5 days (CPC, Art. 363¹⁶). The court orders an expertise immediately, by the Samkharauli Expertise Bureau (CPC, Art. 363²⁰). The panel of four comprises a psychiatrist, a psychologist, a social worker and an occupational therapist (Law of Georgia on Expertise Based on Psychosocial Needs, Art. 7). A home visit is possible (same Law, Art. 12). A negative conclusion terminates the case (CPC, Art. 363²²). Participation of the person and of the guardianship authority is mandatory (CPC, Art. 363¹⁸), and a lawyer is mandatory (CPC, Art. 363¹⁹). Where property is threatened, a temporary supporter may be appointed, with a hearing within 5 days (CPC, Art. 363¹⁷).
4. Decision: the court itself appoints the supporter in the same ruling, setting the limits and powers (Civil Code of Georgia, Art. 1280). The supporter may be a family member, a relative, a close person or a specialist, with their consent (same Code, Art. 1280). The supporter reports to the guardianship authority at least once every 6 months (CPC, Art. 363²¹). The arrangement is reviewed at least once every 5 years (CPC, Art. 363²¹).
5. Powers: the supporter establishes the person's will and helps them decide, rather than deciding for them (Civil Code of Georgia, Art. 1289). Transactions on the person's behalf are allowed only by court decision, if the person's will cannot be established for more than 1 month (same Code, Art. 1293). A transaction made without support is valid if the supporter approves it (same Code, Art. 58¹).
6. Where to apply: the court at the place of residence (special proceedings); the Samkharauli Expertise Bureau; the guardianship and custodianship authority (Ministry system, social workers).
7. Evidence: medical records and the conclusions of a psychiatrist or psychologist; documents on kinship; information on property and risks.
8. Pitfalls: asking for “incapacity and a guardian”, which adults do not have; waiting for the guardianship authority to appoint a supporter, when the court makes the appointment; asking for support “in everything” instead of specific spheres; not requesting a temporary supporter when property is at risk.

Be sure to check

• there is no legal incapacity: the court recognises the person as a support recipient who remains legally capable
• who applies and where; mandatory Samkharauli expertise; participation of a lawyer and the guardianship authority; no court costs
• the court appoints the supporter, defining spheres and powers; a temporary supporter where harm is threatened
• report every 6 months and review at least every 5 years; the supporter helps rather than decides for the person