A 72-hour mental health hold in Georgia is initiated by a document called a 1013 — a certificate signed by a qualified mental health professional that authorizes a peace officer to take someone to a psychiatric receiving facility for an emergency evaluation. The “72 hours” in the law is the window the officer has to find and transport the person after the certificate is signed. The evaluation itself lasts up to 48 hours once the person arrives at the facility.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physician or Psychologist Certificate or Court Order That distinction matters, because 48 hours is the real deadline for the facility to release the person, get their voluntary agreement to stay, or begin the formal involuntary commitment process.
What a 1013 Certificate Is
A 1013 is a certificate under Georgia Code Section 37-3-41 stating that a qualified professional has personally examined someone within the past 48 hours and believes that person is mentally ill and requires involuntary treatment. The certificate is valid for seven days from the time it is signed.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physician or Psychologist Certificate or Court Order
The professionals authorized to sign one include physicians, psychologists, clinical social workers, licensed professional counselors, marriage and family therapists, and clinical nurse specialists in psychiatric or mental health.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physician or Psychologist Certificate or Court Order A certificate can originate in an emergency room, a therapist’s office, or a community mental health center.
The Legal Standard
Not every mental health crisis qualifies. Georgia law requires both of the following to be true before someone can be held involuntarily:2Justia. Georgia Code 37-3-1 – Definitions
- The person poses a substantial risk of imminent harm to themselves or others, shown by recent violent acts or recent expressed threats indicating a probability of physical injury, or is so unable to care for their own physical health and safety that they face a life-threatening situation.
- The person needs inpatient treatment, meaning outpatient or voluntary care is not adequate to address the crisis.
Both prongs must be met. Someone who is mentally ill but not in imminent danger does not qualify, and neither does someone in crisis whose situation can be managed in an outpatient setting.
How Someone Ends Up at the Facility
Three pathways lead to an emergency receiving facility, and the one that applies depends on who is involved when the crisis unfolds.
A Signed 1013
The most common route is the certificate itself. Once a peace officer receives a valid 1013, the officer has 72 hours to make diligent efforts to locate the person and transport them to the nearest available emergency receiving facility.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physician or Psychologist Certificate or Court Order
A Court Order
A court in the county where the person is found can order a peace officer to take the person into custody. The order has to be supported by either a valid physician’s certificate or sworn affidavits from at least two people who have personally observed the individual within the past 48 hours and believe the person is mentally ill and requires involuntary treatment. The court order also expires after seven days.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physician or Psychologist Certificate or Court Order The affidavit route is the one family members typically use when a professional has not yet examined the person.
Direct Transport by Law Enforcement
A peace officer can bypass the certificate process in two situations. If the person is committing a criminal offense and the officer has probable cause to believe they are mentally ill and need involuntary treatment, the officer can take them to a facility instead of filing criminal charges. An officer with probable cause can also consult a physician by phone or telehealth, and if the physician authorizes it, transport the person for evaluation.3Justia. Georgia Code 37-3-42 – Emergency Admission of Persons Committing Penal Offenses or Following Consultation With Physician Either way, the officer must file a detailed written report that becomes part of the patient’s clinical record.
What Happens During the 48-Hour Evaluation
The 48-hour clock starts when the person arrives at the emergency receiving facility.4Division of Aging Services. Public Guardianship 5800 Manual – 6007 Inpatient Hospitalization Medical staff conduct a psychiatric evaluation that looks at the person’s current mental state, recent behavior, medical history, and immediate safety concerns.
Federal law shapes what the facility must do regardless of insurance or ability to pay. Under the Emergency Medical Treatment and Labor Act, any hospital with an emergency department must provide a medical screening examination to anyone who arrives seeking evaluation, and if an emergency medical condition exists — including a psychiatric emergency — the hospital must provide stabilizing treatment. If the facility lacks the specialized capacity to stabilize a psychiatric patient, it must arrange a transfer to one that can, and the receiving facility cannot refuse if it has the capability and capacity.5Office of Inspector General. The Emergency Medical Treatment and Labor Act (EMTALA)
By the end of the 48 hours, the facility has to pick one of three outcomes: release, voluntary admission, or a petition for extended involuntary commitment.
Rights the Patient Keeps
Being held involuntarily does not strip someone of their legal rights. Georgia law states explicitly that patients retain all civil, political, personal, and property rights, and no one receiving mental health services can be considered legally incompetent without a separate court proceeding establishing that.6Justia. Georgia Code 37-3-140 – Retention of Rights and Privileges
State policy also requires the least restrictive placement at every stage. Facilities have a duty to help patients move to community-based, noninstitutional programs whenever possible.7Justia. Georgia Code Title 37, Chapter 3, Article 6, Part 2 A facility cannot default to the most restrictive option when something less would work.
Refusing Medication
Patients generally have the right to refuse treatment, including medication. There is an exception: psychotropic medication can be administered without consent when a physician determines that refusal would be unsafe for the patient or others. If the patient keeps refusing after that initial emergency dose, a second physician must give a concurring opinion before medication can continue involuntarily.8Georgia Department of Behavioral Health and Developmental Disabilities. Patient’s Rights Regulations Medication can never be used as punishment or for staff convenience.
Privacy and Family Communication
HIPAA generally protects mental health records, but it allows disclosures that often come up during an emergency hold. Providers can communicate with family members, law enforcement, or others when a patient presents a serious and imminent threat of harm to themselves or others. When a patient is incapacitated, providers can share information with family or others involved in the patient’s care if they decide, using professional judgment, that it is in the patient’s best interest.9U.S. Department of Health and Human Services. HIPAA Privacy Rule and Sharing Information Related to Mental Health Providers can also notify law enforcement about the release of a patient who was originally brought in for an emergency psychiatric hold.
Who Pays for the Hold
Georgia law sets a priority order for who covers the costs: the patient or their estate first, then anyone legally obligated to support the patient, then the county of the patient’s legal residence if the county has agreed to assume that responsibility, and finally the state department when the legislature has appropriated funds for it.10Justia. Georgia Code 37-3-121 – Liability for Certain Expenses
There is one important protection. If the person is evaluated and released before involuntary treatment begins — meaning the facility determines they do not actually meet the criteria — neither the patient nor their family is responsible for the transport, examination, and care costs.10Justia. Georgia Code 37-3-121 – Liability for Certain Expenses Private insurance, Medicaid, and Medicare typically cover at least part of an inpatient psychiatric stay, though coverage varies widely by plan. Contacting the facility’s billing department early and asking about financial assistance programs can prevent surprises later.
How the Hold Ends
The 48-hour evaluation closes in one of three ways.
Release
If the team concludes the person does not meet the criteria for continued involuntary treatment, the facility must release them. Discharge planning should connect the person with outpatient services, support groups, or community mental health resources, and facilities are required to actively help patients find the least restrictive community placement available.7Justia. Georgia Code Title 37, Chapter 3, Article 6, Part 2
Voluntary Admission
If the person recognizes they need help and agrees to continued treatment, they can convert to voluntary patient status. That gives them more control over their care, including the ability to request discharge, though the facility may have a short window to evaluate whether the person still meets involuntary criteria before honoring that request.
Petition for Extended Commitment
When the treatment team believes continued hospitalization is necessary and the patient will not agree, the facility’s chief medical officer can recommend extended involuntary treatment. The recommendation has to be supported by the opinions of two physicians (or a physician and a psychologist) who have personally examined the patient within the preceding five days and agree the person meets the involuntary treatment criteria. A certificate and petition are then filed with the court in the county where the patient is being held. The petition must be filed within five business days after the patient was admitted for evaluation, and copies of the certificate must be served on the patient and their representatives within five days after filing.11FindLaw. Georgia Code Title 37 Mental Health 37-3-81
The Commitment Hearing
If the facility petitions for extended commitment, the patient is entitled to a hearing. It must be held no sooner than 7 days and no later than 12 days after the petition is filed.11FindLaw. Georgia Code Title 37 Mental Health 37-3-81 The patient has the right to effective legal counsel, and if they cannot afford an attorney, the court must appoint one. The patient can refuse appointed counsel in writing.
The patient has the right to be examined by a physician of their own choosing, at their own expense, and that physician can submit an alternative treatment plan to the court. At least 10 days before the hearing, the patient must receive notice that includes a copy of the petition, the proposed treatment plan, and information about their right to counsel and an independent examination.
If the court finds the person meets the criteria for involuntary treatment, it can order extended commitment. If the evidence does not support continued hospitalization, the patient must be released. A patient can also waive the hearing in writing, in which case the certificate itself authorizes the facility to begin treatment under the proposed plan.11FindLaw. Georgia Code Title 37 Mental Health 37-3-81