Frequently Asked Questions and Other Helpful Information
Substituted Judgment versus Best Interest Standard
“Substituted Judgment” is the principle of decision making that requires implementation of the course of action which comports with the incapacitated person’s wishes expressed prior to the appointment of the guardian, provided the incapacitated person was capable of expressing his or her wishes relevant to the matter at issue and reliable evidence of these wishes remains. The incapacitated person’s current opinions and desires shall be considered and may be relevant to a determination of the incapacitated person’s views prior to the appointment of the guardian.
The principle of “Substituted Judgment” is considered to be the manner in which the autonomy, values, beliefs and preferences of the incapacitated person are best protected.
Utilizing this principle, the guardian attempts to learn as much as possible about the lifestyle, behaviors, preferences, and decisions made by the incapacitated person prior to his or her incapacity. Taking these factors into careful consideration, the guardian makes a decision that would as closely as possible reflect what the incapacitated person would have decided if he or she were capable of making the decision.
• When is Guardianship necessary?
• How do you Remove or Replace of a Guardian?
• Duties of a Guardianship of the Estate or Property
• Duties of a Guardianship of the Person
• Rights of the Incapacitated Person (1-5)
• Rights of the Incapacitated Person (6-10)
• Rights of the Incapacitated Person (11-15)
• Substituted Judgment versus Best Interest Standard
• Best Interest versus Substituted Judgment Standard