If the ward or their family opposes surgery, what should the guardian do?

In situations where the ward or their family opposes surgery, the guardian's primary responsibility is to act in the best interest of the ward while also respecting their rights and wishes as much as possible. The correct course of action is to obtain a second opinion and petition the court for authority. This process ensures that the guardian is seeking thorough medical advice and that the decision ultimately reflects a justified medical necessity rather than a unilateral choice.

By getting a second opinion, the guardian can facilitate a more informed decision-making process, potentially providing alternative options or clarifications about the necessity of the surgery. Once this information is gathered, seeking court authority is crucial. It acknowledges the ward's right to participate in decisions about their healthcare, allowing the court to evaluate the situation and make a ruling that ensures the ward’s best interests are prioritized while also considering their autonomy and family concerns.

This approach also provides legal backing for the guardian’s actions, protecting them from potential liability and aligning with ethical guidelines in guardianship, which require them to act prudently and transparently.