Substitute Judgment Standard

The Substitute Judgment Standard is a legal principle used when making decisions for someone who cannot make choices for themselves, such as due to mental incapacity. It requires that the decision-maker, often a legal guardian or conservator, try to make the choice the person would have made if they were able. Essentially, they must consider the person’s past wishes, values, and preferences to ensure the decision respects their autonomy and individuality, rather than making choices based solely on what seems best from an outsider’s perspective.