Who is responsible for making medical decisions when there is a guardianship in place?
In California, when a guardianship is put in place, the guardian is responsible for making medical decisions for the person in the guardianship. A guardian is a person legally authorized to make decisions for someone else, such as a minor or an adult who has been found incapable of making decisions for themselves. The guardian has the responsibility to act in the best interests of the person in the guardianship. The guardian is responsible for making medical decisions such as authorizing medical treatments and surgeries, giving consent for medical procedures, and deciding what care is best for the individual. The guardian must consider the medical advice and opinions of the doctor when making these decisions, and also consider the individual’s rights and wishes if they are able to express them. In addition, the guardian must ensure that the proposed medical care is in the individual’s best interest. It is important to note that if a person in the guardianship is competent enough to make decisions for themselves, the guardian must respect the person’s right to make these decisions. However, the guardian can still provide advice and support to help the individual make informed medical decisions.
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