What is substituted judgment?

Substituted judgment is a decision-making process used by fiduciaries or surrogates when an individual is unable to make decisions for themselves, often due to incapacity or certain health conditions. This method aims to reflect what the individual would have chosen if they were able to make the decision themselves, thereby considering the individual's known preferences, values, and beliefs. In essence, when a fiduciary employs substituted judgment, they are acting as a surrogate and strive to respect the individual's autonomy by basing decisions on their past choices rather than purely on medical or best-interest grounds.

This approach is crucial in ensuring that the client's preferences and values are honored, promoting their dignity and rights even when they are unable to advocate for themselves. It recognizes the importance of understanding the client as a person and making decisions that align with their life philosophies and wishes.