New Jersey § 26:2h-110

§ 26:2h-110.

a. If it has been determined that the patient lacks decision-making capacity, a mental

health care representative shall have authority to make mental health care decisions

on behalf of the patient. (1) The mental health care representative shall act in good faith and within the bounds

of the authority granted by the advance directive for mental health care and by this

act. (2) The mental health care representative may consent to the patient's admission to

a psychiatric facility only as authorized pursuant to paragraph (6) of subsection

a. of section 6 of this act 1 . b. If a different individual has been appointed as the patient's legal guardian, the

mental health care representative shall retain legal authority to make mental health

care decisions on the patient's behalf, unless the terms of the legal guardian's court

appointment or other court decree provide otherwise. c. The conferral of legal authority on the mental health care representative shall

not be construed to impose liability upon that person for any portion of the patient's

health care costs. d. An individual designated as a mental health care representative or as an alternate

mental health care representative may decline to serve in that capacity. e. The mental health care representative shall exercise the patient's right to be

informed of the patient's mental health condition, prognosis and treatment options,

and to give informed consent to, or refusal of, health care. f. In the exercise of these rights and responsibilities, the mental health care representative

shall seek to make the mental health care decision that the patient would have made

if the patient possessed decision-making capacity under the circumstances, or, when

the patient's wishes cannot adequately be determined, shall make a mental health care

decision in the best interests of the patient. g. Departure from the decisions of a mental health care representative shall be permitted

only if the responsible mental health care professional determines that compliance

with those decisions would: (1) violate the accepted standard of mental health care or treatment under the circumstances

of the patient's mental health condition; (2) require the use of a form of care or treatment that is not available to the mental

health care professional responsible for the provision of mental health services to

the patient; (3) violate a court order or provision of statutory law; or (4) endanger the life or health of the patient or another person. 1

N.J.S.A. § 26:2H-107.