New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 45 - GUARDIANSHIP SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 10:45-1.2 - Guiding principles

Current through Register Vol. 56, No. 14, July 15, 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.