What principle underlies the surrogate decision-making role of a conservator regarding the conservatee?

The principle of substituted judgment is fundamental to the role of a conservator in making decisions on behalf of a conservatee. This principle is based on the idea that a conservator should make decisions that reflect what the conservatee would have chosen for themselves if they were able to make their own choices.

Substituted judgment requires the conservator to have a deep understanding of the conservatee's values, preferences, and past behaviors. By focusing on the individual's wishes rather than making decisions based solely on what the conservator believes is best, this principle respects the autonomy and individuality of the conservatee. It acknowledges that each person has their own unique desires and needs, which should guide decision-making processes.

In contrast, other principles like common good, personal discretion, or family consensus may not prioritize the individual wishes of the conservatee in the same way. For instance, focusing on the common good could lead to decisions that are more aligned with societal norms rather than the specific values of the conservatee. Personal discretion may lead to decisions based on the conservator’s own judgment without adequately considering the conservatee’s previously expressed preferences. Family consensus might bring about a collective decision that doesn’t necessarily reflect the conservatee’s desires, particularly if family members hold differing opinions.