in the Bediani Psychiatric Clinic. The Public Defender and the Special Preventive Group believe that this leads to a conflict of interest and the risk of undue influence.240 The CPT discusses similar problems in its report on the visit to Georgia, carried out in 2018. At Kutiri241 and Khelvachauri242 Psychiatric Hospitals, the delegation noted that most of the legally incompetent patients (there were many of them) had the director of the establishment or another staff member appointed as their legal guardian (a support person is implied). The CPT reiterated its view that granting guardianship to the staff of the very same establishment in which the concerned patient is placed may easily lead to a conflict of interest. The committee called upon the Georgian authorities to find alternative solutions that would better guarantee the independence and impartiality of guardians.243 Stemming from the above, the Public Defender and the Special Preventive group believe that it is most important that the Agency of Social Services of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia should examine how adequately former and present staff members of the Bediani Psychiatric Clinic, the LTD Academician B. Naneishvili National Centre for Mental Health and LTD Batumi Medical Centre act as support persons for the beneficiaries in the respective establishments.244 In those cases, where it is established that a person acting as a support person has not been discharging his/her functions adequately, a motion should be filed with the court to relieve such persons of their duties.245 It should be ensured that the functions of a support person are vested with a person specifically authorised by the social services of custody and guardianship. Proposals To the Parliament of Georgia:  To amend the Law of Georgia on Psychiatric Care to the effect of determining in express terms the procedure of examination of complaints and external supervision/monitoring grounds for supervision over psychiatric assistance and the monitoring system of patients’ rights; 240 Under Article 12.4 of the Convention on the Rights of Persons with Disabilities and Optional Protocol, States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards, in accordance with international human rights law, to prevent abuse. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. 241 The Academician B. Naneishvili National Centre for Mental Health is implied. 242 LTD Batumi Medical Centre is implied. 243 Available at: https://rm.coe.int/1680945eca, para. 144, (accessed 26.05.2019). 244 The Civil Code of Georgia, Article 1300.3. 245 See Article 13055. 86