Report on Conditions in Psychiatric Establishments in Georgia
procedures necessary to be observed (or whether there are such procedures at all) for patients who are unable to
move.
All patients usually have an ID card. In the personal files the copies of ID cards are stored, or there is an abstract
from Civil Registry Agency with indication of personal number. Only very few medical files did not include data
certifying the identity of a patient.
Social workers clarified that unless there is personal data on the patient the institution cannot get financing for the
specific patient. If it is impossible to identify a person, personnel of an establishment does not know which agency
shall be responsible to assist. In one instance the administration of an establishment called patrol police and criminal
police who stated that the identification of a person did not fall within the scope of their competences. Therefore
the administration drafted the minutes act/certificate signed by the representative of criminal police. Still, the Social
Service agency did not finance this case.
Social workers also mentioned that they are quite active to facilitate/restore good relations between patient and his/
her family members (Gudushauri, Gldani, and Rustavi).
The responsibility of a social worker also includes supervision of guardians - whether a guardian visits a patient
regularly and whether the pension (collected by the guardian) is spent pursuant to patient’s needs. If problems are
revealed social worker shall apply to the Social Service Agency that is responsible to provide guardianship and custody
services.
Procedures of changing a guardian are unclear; everybody avoids changing a guardian because it is difficult to find
one. Without a guardian legally incapable person cannot receive pension and carry out any legal action.
One of the social workers noted that - expertise for defining incapability of a person is often based on the
readymade conclusion without the presence of patient. A person may lodge an appeal against the decision that
requires expenses for court proceedings and extra 250 GEL for additional expertise. The aforementioned constitutes
a serious obstacle for patients declared legally incapable.
Any proceedings concerning a patient without his/her presence, especially when the cases concern definition of
the legal capacity of a person, shall not be permitted and violates the UN General Assembly Resolution on the
Protection of Persons with Mental Illness and the Improvement of Mental Health Care90 and principles of fair
trial. This is also true for cases related to defining legal capability of a person.
Generally, it is a serious obstacle for social workers that they do not have access to information on patients’ pensions
and their guardians. The aforementioned complicates their work to resolve any issues related to granting pensions
and later spending the money, as well as other property issues (registration of property, obtaining title over property).
One of the social workers also mentioned that notaries no longer verify the power of attorney issued by persons with
mental disorders; accordingly patients’ family members and guardians are unable to receive medicines by warrant.
The Monitoring Group is not aware of all the dimensions of this problem as the latter should be thoroughly
studied further – it should be identified the reasonability of notaries’ decision should be identified and it should be
ensure that there is no discrimination of persons with mental disorders.
Patients are having difficulties in dealing with some administrative and other issues as social workers are not employed
in every establishment (Referral Hospital, Hospital N5). The same social worker provides services to Gudushauri
Psychiatric Department and Tbilisi mental Health Centre (Gldani). At the moment of monitoring there was
90
Principle 18, Procedural safeguards, para. 5: “The patient and the patient’s personal representative and counsel shall be entitled
to attend, participate and be heard personally in any hearing.”
NPM Report
2012
Social workers mention that they do not have access to information on pensions of patients. Accordingly they are
unable to provide timely assistance to patients in renewing documents and clarifying different issues.
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