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Public Guardian

Making Guardianship Decisions

In making decisions for incapacitated persons, we recommend that guardians follow the decision-making guidelines of the National Guardianship Association (NGA). Under these guidelines, a guardian has a responsibility to determine what the incapacitated person would want if the person were capable of making decisions, and then try to carry out the person's wishes.

Guardians always have a legal duty to make decisions that protect the rights, interests and well being of incapacitated persons. Guardians should not substitute their own opinions about what is best for the person unless the guardian cannot determine what the incapacitated person would want, or the person's choice cannot be honored under the law or poses unacceptable risks for the person.