What should a guardian do if they believe the ward is capable of making their own decisions?

When a guardian believes that the ward may be capable of making their own decisions, requesting a reassessment of the ward's capacity is essential. This process involves evaluating the ward's ability to understand information relevant to their decisions, appreciate the consequences of those decisions, and communicate their choices effectively.

The reassessment allows for an objective analysis, often conducted by a qualified professional, who can determine whether the ward's capacity has changed over time. If the reassessment indicates that the ward is indeed capable, it may lead to a legal adjustment of the guardianship arrangement or allow the ward more autonomy in decision-making.

Encouraging the ward to take on more responsibilities, while seemingly beneficial, may not address the legal and procedural aspects necessary for determining their capability. This option might overlook the need for formal reassessment and can lead to potential risks if the ward is not properly supported during this transition.

Continuing to make decisions for the ward without acknowledging their capabilities can potentially undermine their independence and may violate their rights. Ignoring the ward's capabilities entirely dismisses the possibility of their growth and the need for the guardianship to evolve.

By formally reassessing the ward’s capacity, the guardian upholds their fiduciary duty while respecting the ward's rights and promoting their autonomy