Who is responsible for making medical decisions when there is a guardianship in place?
When a guardianship is in place in Kansas, the guardian is ultimately responsible for making medical decisions on behalf of the person under guardianship. The guardian must consider the health care needs of the person, taking into account his or her values, beliefs, and preferences. If the person is competent, then their wishes and decisions should be followed unless they are not in his or her best interest. The guardian may also consult with an attending physician, a family member, or a social worker, and discuss the options for the medical treatment of the person under guardianship. If the guardian is unable to reach consensus with the attending physician, then the guardian may obtain advice and opinions from the court or from other professionals. The guardian is obligated to decide what is in the best interests of the person under guardianship, but also needs to take into account the physical, mental, and social needs of the ward. The guardian may also be responsible for ensuring that the person under guardianship receives the appropriate medical treatments and medications, and complying with any court orders related to the guardianship. Ultimately, the guardian must make decisions that are consistent with the best interests of the person, and ensure that he or she is receiving the best possible medical care.
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