Pennsylvania Guardian Handbook
Decision-Making
You must always act in the best interest of the IP. The goal is always to maximize their independence and autonomy. The decision-making approaches listed below will help you ensure your choices are person-centered.
Ben is his aunt Shannon's guardian of the person. Shannon is no longer able to prepare meals on her own and has recently struggled to keep up with household chores, bathing, and other personal care. Shannon needs more support. Ben must decide between moving Shannon into a residential facility or hiring service providers to assist with these tasks in her home.
To the extent possible, Ben should include Shannon in the decision-making process. If Shannon participates in supported decision-making, Ben and other supporters Shannon has identified will discuss with her the challenges she is facing and the positives and negatives of each option available to ensure she fully understands her choices. At the end of this process, Shannon and Ben will proceed with her choice regarding her living arrangements going forward. Ben, as guardian, will arrange the necessary accommodations for Shannon to continue living at home or will contact a residential facility based on Shannon's decision.
If Shannon is unable to make her own decision about whether to move to a residential facility, Ben must make this decision on her behalf as her guardian. Ben should make this decision using substituted judgment if possible. Ben knows that prior to her incapacity, Shannon valued her independence and hoped to continue living on her own as she aged. Since Ben has this knowledge of Shannon's preferences, values, and beliefs, he should make the decision that aligns with her preferences, likely leading him to arrange in-home services for Shannon, rather than moving her to a residential facility.
If Shannon is unable to make her own decision and Ben does not know Shannon's values, preferences, or beliefs prior to his appointment as her guardian, he should make the decision based on her best interest including a review of her finances. He needs to consider Shannon's circumstances and determine what option has the greatest potential benefits with least risk to Shannon. Ben may evaluate Shannon's declining health, the upkeep required for her house, and the comparative cost of the two options when determining the best living arrangement for Shannon.
Supported Decision-Making
To maintain the IP’s autonomy and rights to the greatest extent possible, supported decision-making should be used whenever appropriate. Supported decision-making allows the IP to make their own decisions after receiving input from trusted individuals. While this is not always possible, the IP should be encouraged to be involved in the decision-making process whenever they can.
Substituted Judgment
If you must make the decision on the IP's behalf, you should first consider the beliefs, wishes, and preferences of the IP prior to their incapacity, and try to make the decision you believe they would make