Frequently Asked Questions and Other Helpful Information

Best Interest versus Substituted Judgment Standard

This “Best Interest” principle of decision-making is not based upon the incapacitated person’s wishes, but on what a reasonable person would do after considering all the options and alternatives and their potential risks, side effects and dangers. When making a decision under the “Best Interest” principle, the guardian must consider whether the option chosen is the least intrusive and least restrictive, and offers the incapacitated person the best opportunity for a “normal” life. It may be necessary for the guardian to obtain formal evaluations of the incapacitated person and/or seek expert advice from medical and financial professionals or from special ethics committees.

 

See Also:

• 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