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JB Umphrey
JB Umphrey, Attorney
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I am a nursing student and I am currently doing psych. clinicals.

Resolved Question:

I am a nursing student and I am currently doing psych. clinicals. Can a court force a pt. to take antipsychotic meds. if they has a psychiatric illness. Where is this law and what happens if a pt. refuses to take there meds.
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.
Welcome and thank you for your question!

A person can go to court and ask that the patient be appointed a guardian.

A guardianship action involves a court determination that the individual is "an incapacitated person who is unfit and unable to govern himself or herself and manage his or her affairs." R. 4:86-2(b)(6). You can read that law at this link.

In the event that a determination of incapacitation is made, the court may appoint a "guardian of the person", to make personal decisions such as living arrangements and health decisions, and/or a "guardian of the property" to manage the incapacitated person's estate and finances.

So, through court action, a person could be ordered to have the meds administered.

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