Abstract
It is important to recognize that the guardian does not make a decision in a vacuum and serves as more than just a fiduciary. There are a number of factors that a guardian must consider when making decisions for the ward. The guardian must involve the ward in the decision-making process, and recognize that a ward can express a preference in a number of ways, because the ward has a great stake in the outcome. The guardian must give the ward an “honest” role in expressing a preference and not just give lip service to the requirement of the ward’s involvement. That is to say that while for various reasons the guardian may not always be able to honor a ward’s preference, it is critical to give the ward as much autonomy and self-determination as the ward is capable of handling. The guardian plays a “holistic” role because the guardian must consider a broad range of factors when making any of the myriad of decisions that a guardian of the estate must make on a day-to-day basis for the ward.
Recommended Citation
Fleming, Robert B. and Morgan, Rebecca C.
(2012)
"Standards for Financial Decision-Making: Legal, Ethical, and Practical Issues,"
Utah Law Review: Vol. 2012:
No.
3, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss3/5