Legal decision-making responsibility for an adult dependent

Making decisions is the primary function of an appointed guardian. All decisions a guardian makes for a dependent must be guided by the principle of informed consent. This means that all facts must be reviewed in order to make the best possible decision for the dependent.

A guardian must also consider the least restrictive alternative for the dependent, meaning that the option doesn't place any more limits on the dependent than necessary to achieve the best outcome for their well-being. Adult guardianship’s biggest responsibilities, other than caring for the individual, are often making key decisions around financial, legal and medical matters for the adult dependent.

Key Takeaways

1. Making decisions is the primary function of an appointed guardian.
2. All decisions a guardian makes for a dependent must be guided by the principle of informed consent (presenting data and facts).
3. Adult guardianship’s biggest responsibilities, other than caring for the individual, are often making key decisions around financial, legal and medical matters for the adult dependent.
4. Guardians also must consider the dependent’s preferences and values when making decisions and should seek to make decisions based on what’s known as substituted judgment. If that’s not possible, then the decision should be based on what the guardian determines to be in the best interest of the dependent.

Guardians also must consider the dependent’s preferences and values when making decisions and should seek to make decisions based on what’s known as substituted judgment. This means doing what a dependent would have chosen to do if they still had the capacity to make their own decisions.

If the guardian is not able to make a substituted judgment determination, then the decision should be based on what the guardian determines to be in the best interest of the dependent.

Advocord is the first guardianship software for those who have legal decision-making responsibility for an adult dependent. Our tools can help organize and provide clarity on what decisions need to be made. Please review the rest of the content on Advocord.com to learn more, and sign up for a free 30-day account to experience the product.

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