Guardianship

If a person found NGRI has a Guardian, that Guardian will need to sign releases of information (ROI), treatment plans, admission documentation, and discharge plans. Guardians should be provided with, but do not need to sign off on, assessments and any other documentation they request. Guardians may be invited to treatment team meetings for collaborative efforts. However, if the Guardian is unable to attend, they must be kept informed as a recommendation for conditional release is developed, as the Guardian may have additional insight about the best outpatient placement.

If the NGRI individual does not have a Guardian but is believed to need one by the treatment team, the treatment team will need to determine the best type of guardianship to pursue.

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If the NGRI individual

• cannot manage their financial affairs due to a disability, they need an Estate Guardian.
• is unable to give informed consent or make appropriate decisions about living independently in a residence, they need a Personal Guardian.
• is found to be totally without capacity or understanding to make or communicate personal decisions or manage financial affairs, they need a Plenary Guardian.

Other guardian options for NGRI individuals include limited guardianship, living wills, power of attorney for healthcare, a trust, and a representative payee.

To be an NGRI individual’s guardian, the person must be over 18 years of age, of sound mind, not be determined to be disabled, and not convicted of a felony.

The forensic individual can contest the guardianship application. The treatment team should refer to the SOPH Community Recovery Support Specialist, who can meet with the individual to further explain and discuss procedures related to guardianship.

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