“ Substituted Judgment vs. Best Interest Standard: Understanding
Balancing Autonomy and Protection
Decision - Making in Florida Guardianship ” continued
Application of the Standards in Florida Guardianship: In Florida, the Substituted Judgment standard takes precedence over the Best Interest stand- ard. The courts prioritize the individual's expressed wishes, beliefs, and values, even if they were expressed when the person had decision - making capacity but are inconsistent with the person's current condition. The Best Interest standard is utilized as a last resort or when the individual never had decision - making capacity. Understanding the differences between the Substituted Judgment and Best Interest standards is crucial for guardians in Florida. By recognizing the importance of honoring an individual's expressed wishes whenever possible, guardians can promote autonomy and respect their rights. At the same time, when the individual's wishes are unknown or unfeasible, guardians must act in their best interest, considering all relevant factors. By navigating these standards effectively, guardians can fulfill their roles with compassion, integrity, and a commitment to upholding the rights and well - being of the individuals they serve.
Pamela Sue Kemper, a Professional Guardian based in Florida, is dedicated to making a difference in the lives of vulnerable individuals. With a rich professional background in psy- chology, real estate brokerage sales, authorship, licensing education, and business leader- ship, she brings a unique set of skills and perspectives to her guardianship career. Pamela is a strong advocate for integrity and is passionate about upholding the rights and well - being of those under her care. If you are interested in delving deeper into her publications on the topic of guardianship or learning more about Pamela and her guardianship services, please visit her website at www.PSGuardianship.com — You can also reach out to her directly at 941 - 290 - 4859 or PSGuardianship@gmail.com.
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