Integrity in Guardianship Decision Making: Applying the Will and Preferences Paradigm.

Area of Science:

• Legal Studies
• Disability Studies
• Bioethics

Background:

• Guardianship laws evolved from a "best interests" model to supported decision-making.
• This evolution emphasizes respecting individual autonomy and the "dignity of risk."
• Recent legislative changes in Victoria, Australia, mandate guardians to prioritize the "will and preferences" of represented individuals.

Purpose of the Study:

• To explore the interpretation and application of "will and preferences" in guardianship.
• To identify personal factors influencing an individual's will and preferences.
• To discuss practical challenges in ascertaining, interpreting, and implementing these preferences, and identifying needs for decision-making support.

Main Methods:

• Conceptual analysis of legal and ethical principles.
• Exploration of personal factors affecting decision-making.
• Discussion of practical implementation challenges in guardianship.

Main Results:

• Guardianship law reflects a balance between autonomy and safety.
• "Will and preferences" require careful interpretation considering individual circumstances.
• Ascertaining and acting on these preferences presents significant practical challenges.

Conclusions:

• The shift to supported decision-making requires a nuanced understanding of individual autonomy.
• Guardians face practical difficulties in applying the "will and preferences" principle.
• Effective support necessitates identifying when and how to assist individuals with decision-making.