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Rogers Guardianships

A Rogers guardian is a guardian who can make decisions about treatment of a person with mental illness that is considered “extraordinary” medical treatment. Find out how the guardianship works and how to file for a Rogers guardianship.

Since the 1983 decision of Rogers v. Commissioner of Department of Mental Health, 390 Mass 489 (1983), the Probate and Family Court has been charged with acting upon requests for permission to administer antipsychotic medication to individuals who are unable to consent to treatment themselves. A substituted judgment standard applies and, at a minimum, yearly reviews are required.

A Rogers guardianship is a type of guardianship where the court determines the guardian will be given authority to agree to extraordinary treatment for the incapacitated person. This usually refers to treatment with antipsychotic medication, but it may include other intrusive treatments and procedures.

This information isn't a substitute for legal advice. You may want to consult with an attorney.

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