New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 45 - GUARDIANSHIP SERVICES
Subchapter 1 - GENERAL PROVISIONS
Section 10:45-1.2 - Guiding principles
Universal Citation: NJ Admin Code 10:45-1.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) BGS guardians shall be guided by the following principles when exercising their responsibilities:
1. Guardianship is a legal
relationship in which an individual or entity is legally authorized to make
decisions on behalf of another individual to the extent determined by a court
of competent jurisdiction and specified in a court order issued by that
court;
2. The Bureau of
Guardianship Services is permitted by law to serve as guardian of the person
only. In this role, the Bureau of Guardianship Services is the individual's
personal representative, as well as the individual's advocate and legally
authorized decision-maker;
3.
Decisions made in one area of an individual's life often affect other areas of
the individual's life. Therefore, the BGS guardian should be notified, in
advance, of decisions to be made in areas in which the individual retains
decision-making authority. The individual should be given the opportunity to
consult with the BGS guardian in all areas of his or her life and to request
that the BGS guardian provide assistance in advocating for his or her
wishes;
4. Surrogate
decision-making should be based upon the principle of informed consent, giving
due respect to the wishes and preferences of the individual and should be made
by balancing the individual's right to self-determination with the individual's
need for protection from harm;
5.
Reasonable efforts should be made to promote and preserve the individual's
human rights, including the right to privacy, dignity, respect and
self-determination, pursuant to
30:6D-1 et seq., and in accordance
with N.J.A.C. 10:41A;
6.
Maintaining confidentiality is an essential component of the right to privacy.
Therefore, only that information necessary and relevant to the issue being
addressed should be disclosed;
7.
Reasonable efforts should be made to maximize opportunities for decision-making
and the development of individual skills as both are necessary components for
enhancing self-direction and independence. The goal, if possible, should be to
restore the individual to capacity, either full or limited;
8. It is important to determine the extent to
which the individual identifies with particular ethnic, religious and cultural
values, and to respect to those values when making decisions on behalf of the
individual. Further, opportunities for the expression of those values should be
respected and supported;
9. To the
extent possible, the individual should receive the highest quality of
end-of-life care. Reasonable efforts should be made to protect and nourish the
dignity of the individual and to carefully weigh the benefits and burdens of
treatment, when considering what is in the best interest of the individual in
accordance with N.J.A.C. 10:48B; and
10. Individuals receiving guardianship
services have a right to interpersonal relationships and sexual expression, as
long as the latter is consensual in nature, the individual is not victimized
and an environment suitable to this expression is provided.
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