“ Substituted Judgment vs. Best Interest Standard: Understanding Decision - Making in Florida Guardianship ” By Pamela Kemper
Decision - making plays a crucial role in ensuring the well - being and best interests of individu- als under guardianship. In Florida, two key standards guide decision - making processes: the Substituted Judgment standard and the Best Interest standard. The following explains the dif- ferences between these standards, highlighting their significance in promoting autonomy and safeguarding the rights of individuals under guardianship. Defining the Substituted Judgment Standard: The Substituted Judgment standard prioritizes the expressed wishes and preferences of the individual, even if they currently lack decision - making capacity. This approach requires the guardian to place themselves in the individual's position and make decisions based on what the individual would have chosen if they were able to do so. It seeks to respect the individual's autonomy and promote decision - making in line with their values and desires. Understanding the Best Interest Standard: The Best Interest standard comes into play when an individual never held decision - making ca- pacity, or their expressed wishes are unknown. In such cases, the guardian must act in the indi- vidual's best interest, considering a range of factors such as their health, safety, well - being, values, and preferences as known or inferred from the person's history. This standard serves as a fallback when the Substituted Judgment standard cannot be applied or is not appropriate. Balancing Autonomy and Protection: Both the Substituted Judgment and Best Interest standards works to strike a balance between promoting autonomy and protecting the individual. The Substituted Judgment standard em- phasizes the individual's autonomy and allows their wishes to guide decision - making, while the Best Interest standard ensures decisions are made in the individual's best interest when their own preferences cannot be determined or are not feasible.
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