Recognition of an Individual as a Recipient of Support
A recipient of support is an individual who has solid mental/intellectual disorder while the interplay of these disorders and various barriers may prevent him/her from fully and effectively participating in public life under equal conditions enjoyed by others.
The person may be eligible to support in labor relations, small business deals, trade agreements, real estate management, identification of places of residence, giving consent to treatment, for the purpose of preventing harm to this person, and implementation of other rights and responsibilities as stipulated by the court based on the individual assessment.
The court of law is the body which has the right to recognize an individual as a recipient of support and ensure such support based on a place of residence of the person in question.
The individual to be recognized as a recipient of support;
Family member of the individual who is to be recognized as a recipient of support;
A legal representative of the person who is to be recognized as a recipient of support;
A body of guardianship or curatorship;
Psychiatric or specialized institution, if the person is placed in such institution.
An application shall be submitted to the court by the individual who is interested in recognizing a person as recipient of support and determining the scope of such support.
There are no fees or other dues to be paid in relation to the revision of cases related to the recognition of the person as a recipient of support.
The person whose case on the recognition as the recipient of support is being reviewed in the court, must be represented by a lawyer.
The individual to be recognized as a recipient of support shall be given the state-appointed attorney based on the verdict of the court, or assigned by the Legal Aid Service upon the application of the individual to be recognized as a recipient of support.
Tests to ascertain whether or not the individual is truly eligible to be recognized as a recipient of support, shall be conducted at Leval Samkharauli State Forensic Bureau based on the verdict of the court.
Analysis takes place in the premises of Forensic Bureau based on the place of the applicant/the person to be recognized a recipient of support. However, tests may be carried out at location of the person to be recognized as a recipient of support by a decision of the court if the person cannot be brought to the Bureau.
The state covers the expenses incurred by such forensics, which means that the person to be recognized as a recipient of support is exempt from paying the state expenses.
The law does not specify the timeframe, however, the court determines the frequency of revision (not exceeding five years) regardless of the timeframe of the support.
The support can be terminated if:
The recipient of support has deceased (in such cases a decision is made by guardianship and curatorship body);
If the reason for which the person was recognized as a recipient of support, no longer exist (In such cases the court is responsible for making a decision).
A family member, relative, a person close to the family of the person to be recognized as a recipient of support, or a specialist who manages to meet requirements laid down by the law, may be appointed as a support provider.
An individual below 18 years;
An individual who has been recognized as the a recipient of support;
An individual who has been deprived of or restricted parental rights because of their failure to fulfil parental obligations.
(Note: A certificate confirming that there are no impeding circumstances for recognizing a person as a recipient of support may be obtained at the Social Service Agency (legal body of the public law).
The support provider is responsible for:
Following up with permanent medical treatment prescribed to a recipient of support;
Ascertaining his/her wills/choices and help her/him to make adequate decisions;
Reporting to the guardianship and curatorship body on the fulfilment of their obligations and responsibilities defined by a decision of the court within the timeframe which has been determined by the guardianship and curatorship body but not exceeding six months;
Immediately informing the court on changes within the scope/termination of the support if the reason for which the person has been assigned support has either been revoked or changed except for cases when the court has already been informed by a guardianship or curatorship body or the support receiver.
The supervision of the support provider is exercised by a guardianship or curatorship body according to a place of residence of the support receiver. The purpose of supervision is to make sure that the support provider fulfils his/her obligations imposed by a court decision and defined by the Georgian legislation, as well as to assess the development of skills of the support receiver and response adequately.
The court is authorized to appoint a temporary support provider upon the applicant’s plea before the finalization of proceedings, in other words before the final decision is made if it deems that the applicant may sustain irreversible damage, such as, suspension of pension/social assistance, inaccessibility to appropriate treatment/necessary medication etc.
Individuals who may be appointed as support providers may as well provide temporary support – a family member, relative, family friend of a person to be recognized as a recipient of support, or a specialist.