What Medical Decisions Do Guardians Make?

From Our “Ask a Question” Mailbag: “My mother’s Alzheimer’s is so bad she doesn’t recognize us at times. I want to become her Guardian. Though she is healthy, she still needs medical care and treatment. If I take on this job, what medical decisions do guardians make?”

Glen Ridenour, Guardianship Lawyer in Pennsylvania

What is a Guardianship?

A Guardian is a person appointed by the court to make decisions for another person who cannot do so for themselves. A person may no longer be able to manage their affairs because of old age, a disability, or incapacity due to an accident or disease. 

The Guardian is responsible for the incapacitated person’s care and well-being. The Guardian might be limited to managing the person’s finances but could also include making all decisions, including medical. 

What Medical Decisions Do Guardians Make?

It depends.

In some situations, guardians make few medical decisions for the incapacitated person. It depends on the facts. If the incapacitated person still understands the treatments and can speak with reasonable comprehension to the doctor, then the Guardian serves more of an “approval” to the ward’s decision. 

The Guardian should always strive to act in the incapacitated person’s best interest. Some wards want the Guardian to take over and are happy to give up all responsibility. It is comforting to them when the Guardian takes control. Other Wards wish to make decisions for themselves as long as possible. For these, the Guardian should be flexible and aware enough to allow the person to make the decisions they are capable of. 

If the incapacitated person can no longer understand their medical surroundings,  the Guardian must make all such decisions. The Guardian should NOT strive to make these decisions, not in the mindset of “I will decide what is best.”  Instead, the Guardian should try to imagine what the incapacitated person would have decided if they were now competent and making the decision themselves. More of a “What would mom do with these facts” rather than “What do I think is best for mom.”

End-of-Life Decisions:

If the incapacitated person is in a chronic vegetative state, the Guardian may authorize the removal or refusal of treatment. The hospital’s team, commonly called the Ethics Committee, typically reviews and approves this decision.

Our Guardianship Team:

If you decide to have our Guardianship Law Firm represent you, you will work with Attorney Glen Ridenour and his team. Guardianships Are What We Do. We do not dabble in other areas; we focus on estate-related litigation.   

Want to Read More about Guardianships?

This Blog is just a quick introduction to the Disadvantages of Guardianship. To learn more, follow this link to my website’s pages titled “Guardianships: Everything You Need To Know.”

In Conclusion, What Medical Decisions Do Guardians Make, Explained.

I hope you found this short article on What Medical Decisions Guardians Make. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate that needs our help. Let our New Jersey and Pennsylvania Guardianship Lawyers help you through what can be a confusing process. Feel free to contact our office for a free consultation. 

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