N.J. Admin. Code § 10:45-1.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:45-1.2 - Guiding principles

(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.

N.J. Admin. Code § 10:45-1.2