ADDITIONAL RESOURCES

Can a legal guardian make medical decisions for the incapacitated person?

Updated on: August 7th, 2022

Legal guardians have the authority to make general medical decisions for the incapacitated person. Guardians may generally consent to routine, noninvasive, non-experimental treatments for the incapacitated person.

Guardians must seek specific authority from the Court to administer antipsychotic medication to the incapacitated person, or for other extraordinary medical authority. A guardian is obligated to act in the best interest of the incapacitated person.

The power to commit the incapacitated person to a mental health or nursing facility requires special court proceedings in the district court.