Who has the final say on client issues?

The guardian and the incapacitated person work together to protect and enhance that person’s life. In most instances, the guardian has the final say on issues involving the incapacitated person. The guardian is directed in his or her decision making by what the incapacitated person would have done in such instance, were he or she not incapacitated. Consequently, it is important for the guardian to consider the incapacitated person’s expressed wishes, if the incapacitated person has that ability. When disputes arise, case managers may try to work together to craft a compromise that protects the client’s best interests. If this is unsuccessful a court will hear the dispute and decide the issue. The dynamics of this relationship can vary depending on the capacity of the client and where he/she is living.