California Fiduciary – Professional Practices Practice Test

A fiduciary should avoid making decisions for the client when the client has clear decisional capacity. This principle is rooted in the fundamental respect for autonomy and self-determination. If a client demonstrates that they are capable of understanding the relevant information, appreciating the consequences of their choices, and communicating their decisions, the fiduciary must honor the client's right to make their own choices.

In situations where a client shows an express wish for intervention, the fiduciary is obligated to act according to that wish, as it indicates that the client is seeking support. When family support exists for a decision, it does not negate the client's capacity to make choices; rather, it should be considered as part of the overall context. Furthermore, if the client has not requested assistance, the fiduciary should respect their independence and refrain from intervening. Thus, clear decisional capacity signifies that the client is fully equipped to make their own choices, and intervention by the fiduciary is unnecessary and could undermine the client's rights.