N.J. Admin. Code § 10:44C-3.5 - Informed consent and guardianship

Current through Register Vol. 54, No. 7, April 4, 2022

(a) In securing informed consent, the licensee shall inform each person served or his or her guardian of:
1. Any medical condition requiring intervention;
2. Any need for behavioral intervention, including, but not limited to, behavior modification or the administration of psychotropic medication;
3. Any other circumstance requiring intervention;
4. The attendant risks of treatment;
5. The attendant risks of refusing treatment;
6. The right to refuse treatment; and
7. The right to withdraw informed consent at any time.
(b) Informed consent shall not be coerced.
(c) Informed consent shall be obtained in writing and filed in the record of the person served.
(d) Any person served over the age of majority and without a court-appointed guardian shall be expected to sign his or her own informed consent forms.
(e) When a person served has a guardian, informed consent shall be signed by the guardian.
(f) Every effort shall be made to support the person served through formal and informal activities prior to pursuing guardianship, unless the person served is in risk of immediate harm.
(g) The removal of decision-making responsibility through guardianship shall only be considered for persons served who, through their actions, do not demonstrate adaptive behavior or do not demonstrate that they are capable of identifying or understanding the consequences of their decisions.
(h) The TDT shall identify the need for assistance and guardianship for each person served, unless the person served is in risk of immediate harm.
(i) Neither a service agency nor an employee or volunteer shall become a guardian for any person served.
(j) The licensee may petition the court to appoint a person to assist the person served with a particular decision.
(k) An advocate from a local, State or private agency may be requested to assist the person served.
(l) Family members may be requested to assist in making decisions with and for the person served, if the person served so desires.


N.J. Admin. Code § 10:44C-3.5

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