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Several influential recent court rulings involving treatment by legal guardians for incompetent patients have relied on a"substituted judgment" standard, in which the guardian attempts to decide what the ward would choose if competent, rather than a "best" standard based on determining what would be preferable for the-being of the patient. Gutheil and Appelbaum analyze the difficulties in applying the substituted judgment model of decision making and that it raises more ethical concerns than the best interests model. (KIE abstract)
Gutheil et al. (Wed,) studied this question.