Who is responsible for making medical decisions when there is a guardianship in place?

When a guardianship is established in South Carolina, the guardian is responsible for making medical decisions on behalf of the person who is under guardianship. The guardian must act in the best interest of the person who is under guardianship and in a manner that is in accordance with their wishes, if the person is competent enough to express them. When the person under guardianship does not have the capacity to make medical decisions on their own, the guardian has authority to make health care decisions for them. The guardian may seek and consider advice from the person’s physician or other health care provider, and is responsible for obtaining the necessary information to make an informed decision. The guardian should also consider the views and wishes of the person, as long as they are competent. The guardian may make decisions on all aspects of the medical care of the person who is under guardianship. This includes decisions related to treatment options, medications, and life-sustaining treatments. They may also decide whether to consent to, refuse, or discontinue certain treatments. The guardian has a responsibility to act diligently and in the best interest of the person who is under guardianship. They must also document the decisions they make in order to protect themselves and the ward.

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Who is responsible for making medical decisions when there is a guardianship in place?

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