What is Rogers Guardianship?
A guardian for an adult is a person appointed by a judge (Family or Probate Court) who 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 about treatment of a person with mental illness for permission to administer prescribed antipsychotic medication to individuals who are unable to consent to treatment themselves.
At the hearing, the Court must find that the person:
- Is incapacitated and not competent to give informed consent with respect to being treated with 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).
Legal definition of Incapacitated Person (IP): 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 person has, 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
This “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) if granted, are reviewed yearly by the Court.
Who can petition?
The petitioner can be a physician, a hospital, facility, a state agency, a family member, neighbor, or friend.
For more information, click on the booklet link: https://www.mass.gov/doc/rogers-guardianship-booklet/download.