What should fiduciaries consider when making decisions on behalf of clients without decisional capacity?

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When fiduciaries are making decisions on behalf of clients who lack decisional capacity, it is critical for them to respect the personal wishes and values of the client. This approach embodies the concept of person-centered care, which emphasizes that, even when individuals cannot communicate their preferences directly, their past choices, beliefs, and values should guide the fiduciary's actions. Understanding these personal dimensions helps ensure that decisions are made in the best interest of the client, in a manner that honors their identity and dignity.

This focus on personal wishes aligns with the ethical obligations fiduciaries have to act in the best interest of their clients, fostering a relationship built on trust and respect. It reflects an obligation to preserve autonomy as much as possible, balancing the need for protection with the client's right to self-determination. In situations where clients cannot provide input, fiduciaries often consult family members or refer to previously expressed preferences, further highlighting the importance of personal values in decision-making.

The other considerations, while they may have their place, do not prioritize the client's autonomy and dignity in the same way. Maximizing financial gains may overlook the client's overall quality of life and well-being. Prioritizing legal requirements without incorporating the client's values risk creating a decision that is legally compliant but not

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