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

In Virginia, a guardian can make medical decisions on behalf of a ward as long as the authority to do so was included in the court order that appointed the guardian. The court order will generally specify what types of decisions the guardian is authorized to make. In most cases, the guardian has the authority to consent to or refuse medical and surgical treatment for the ward. This includes both preventive care, such as vaccinations, and treatments for acute or chronic conditions. The guardian may also be allowed to make decisions about the ward living in a nursing home or other type of managed care setting. The guardian can typically consent to tests and procedures to diagnose medical conditions as well as give consent for any medications that might be prescribed. The guardian is also allowed to make decisions about the ward’s participation in clinical trials or research studies. In some cases, the court order might specify that the guardian must consult with other family members, doctors, or others before making a decision about medical care. The Virginia Code does not state that a guardian must obtain consent from those people, so the decision will ultimately be up to the guardian.

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