What is "substituted judgment" in guardianship decision-making?

The concept of "substituted judgment" in guardianship decision-making refers to a process in which the guardian attempts to make decisions that align with the known wishes and preferences of the ward, who may be unable to express these themselves due to incapacity or other reasons. This approach emphasizes respecting the autonomy and personal values of the individual, acknowledging that the guardian's role is not to impose their opinions or beliefs, but to honor what the ward would have chosen if they were able to express their wishes clearly.

This method is particularly important in guardianship scenarios, as it strives to maintain the ward's dignity and agency, even in the face of their inability to make decisions. By focusing on the individual's prior choices, values, and preferences, the guardian can ensure that their decisions reflect what the ward would want, rather than defaulting to a paternalistic approach based on the guardian's own beliefs or desires.

This concept is crucial for guardians to grasp, as it underscores the importance of understanding the ward’s unique background, history, and preferences in order to advocate effectively for them in various situations.