Can a guardian make medical decisions on behalf of a ward?

In North Dakota, yes, a guardian can make medical decisions on behalf of a ward. According to Chapter 30.1-25 of North Dakota’s Century Code, the guardian of an incapacitated person (which is also known as a ward) is “given the power with respect to the person or estate, or both, of the ward as will be best for the welfare of the ward.” This includes giving the guardian the authority to make medical decisions for a ward. This authority is broad and can range from making decisions about routine medical care to major medical procedures. If the ward is a minor, then the guardian can give consent for medical care and make other medical decisions. It is important to note that the guardian must always act in the best interest of the ward. Additionally, the guardian cannot deny the ward any medical treatment that is deemed to be medically necessary, unless that action is in the best interest of the ward. For example, if the ward needs medical care that is expensive, the guardian can arrange for something more cost-effective but still medically necessary. Ultimately, guardianships in North Dakota grant guardians the authority to make medical decisions on behalf of a ward. This responsibility should be taken seriously by the guardian, who must always consider the best interests of the ward when making medical decisions.

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