What is Rogers Guardianship?
A guardian for an adult is a person appointed by a judge in Probate and Family Court. The guardian is given the responsibility to make decisions for the individual when a judge has deemed that person not competent to make their own informed decisions.
Rogers Guardianship takes this a step further where the guardian is granted authority to make decisions for a person with mental illness, such as permitting the administration of prescribed antipsychotic medication to individuals who are unable to consent to treatment themselves.
At the hearing, the Court must find that the person in question is:
- Incapacitated and not competent to give informed consent regarding antipsychotic medications and
- If incompetent, determine what the person would choose to do if he/she were competent, with regards to taking antipsychotic medication(s).
The legal definition of an Incapacitated Person (IP) is someone who is determined by the Court as having a clinically diagnosed condition that leaves them unable to make or communicate decisions affecting their physical health, safety, or self-care. In a Rogers Guardianship, the IP requires medical treatment(s) or care that the Court considers “extraordinary.”
The Court must also consider the preferences the person may have previously expressed regarding antipsychotic medicated treatment, any religious convictions, the impact of the decision on the person’s family, the probability of adverse side effects, and the possible outcomes with and without the treatment
If the “substituted judgment” (where the Court assumes the role of the incapacitated person and attempts to determine what he/she would have best decided for him or herself if competent) is granted, it is reviewed yearly by the Court.
Who can petition?
The petitioner can be a physician, hospital, facility, state agency, family member, neighbor, or friend.
For more information, click on this booklet link.