What Is A Rogers Guardianship?
Despite recent stories in the news, guardianships and conservatorships are meant to help and protect those who can no longer make decisions for themselves. A guardian makes decisions on behalf of someone else who cannot make those decisions on their own anymore. In certain circumstances, a guardian may need permission to make decisions about “extraordinary” medical treatment, which is known as a Rogers guardianship. If you would like to learn more about this type of guardianship the experienced Norwood elder law attorneys at Fisher Law are here to help. Call the office or contact us today to schedule a consultation of your case.
A Rogers guardianship is named after a court case in Massachusetts, Rogers v. Commissioner of the Department of Mental Health. This type of guardianship allows for a guardian to make “extraordinary” medical decisions that go above and beyond the typical choices that a guardian must make about someone’s care. The court case determined that a guardian is allowed to make a decision about the administration of antipsychotic drugs, but a Rogers guardianship can also be used to make decisions about sterilization, abortion, psychosurgery, electroconvulsive therapy, and the removal of a feeding tube or hydration for an incapacitated individual.
Determining a Rogers Guardianship
In order to determine whether an incapacitated person should fall under a Rogers guardianship, the court must consider what they believe that person’s preferences would be for extraordinary medical treatment if they were able to communicate those decisions themselves, which is also known as applying a “substituted judgement” standard. This can include consideration of prior statements made when competent about the specific treatment being considered, whether their religion permits such treatment, the impact on the guardian and the incapacitated person’s loved ones, and the medical prognosis of the individual if they do not receive the medical treatment requested.
Appointment of a Rogers Monitor
When a Rogers guardianship is ordered by a Massachusetts court, a Rogers monitor is also often appointed. The role of the monitor is to ensure that the incapacitated person is receiving the extraordinary medical treatment as agreed to by the court. It is the role of the monitor to review medical records, meet with healthcare staff, attend any necessary case conferences, and provide reports to the court about the status of the incapacitated individual. A Rogers monitor may be the same person as the guardian, or it could be a different individual. To learn more about Rogers guardianships and all that they entail, talk to our office today.
Call or Contact Fisher Law Now
A Rogers guardianship is a complex proceeding that should only be undertaken with the assistance of a highly qualified Massachusetts elder law attorney. At Fisher Law, our experienced lawyers understand the requirements of a Rogers guardianship and can help determine whether your case necessitates this type of petition. If you are interested in learning more about the various elder care guardianships available in Massachusetts, call the office or contact us today to schedule a case consultation.