New Jersey § 26:2h-109

§ 26:2h-109.

a. The responsible mental health care professional shall determine whether the patient

lacks the capacity to make a particular mental health care decision. The determination shall: be stated in writing; include the responsible mental

health care professional's opinion concerning the nature, cause, extent , and probable duration of the patient's incapacity; and be made a part of the patient's

medical records. b. The responsible mental health care professional's determination of a lack of decision-making

capacity shall be confirmed by one or more mental health care professionals. The opinion of the confirming mental health care professional shall be stated in

writing and made a part of the patient's medical records in the same manner as that

of the responsible mental health care professional. c. A mental health care professional designated by the patient's advance directive

as a mental health care representative shall not make the determination of a lack

of decision-making capacity. d. The responsible mental health care professional shall inform the patient, if the

patient has any ability to comprehend that he has been determined to lack decision-making

capacity, and the mental health care representative that: (1) the patient has been determined to lack decision-making capacity to make a particular

mental health care decision; (2) each has the right to contest this determination; and (3) each may have recourse to the dispute resolution process established by the psychiatric

facility pursuant to section 14 of P.L.2005, c. 223 ( C.26:2H-115 ) . Notice to the patient and the mental health care representative shall be documented

in the patient's medical records. e. A determination of lack of decision-making capacity under this act shall be solely

for the purpose of implementing an advance directive for mental health care in accordance

with the provisions of this act, and shall not be construed as a determination of

a patient's incapacity for any other purpose. f. For the purposes of this section, a determination that a patient lacks decision-making

capacity shall be based upon, but need not be limited to, an evaluation of the patient's

ability to understand and appreciate the nature and consequences of a particular mental

health care decision, including the benefits and risks of, and alternatives to, the

proposed mental health care, and to reach an informed decision. g. For the purposes of this section, “ mental health care decision ” includes a decision to modify, revoke , or suspend an advance directive for mental health care as provided in subsection

f. of section 5 of P.L.2005, c. 233 ( C.26:2H-106 ) .