Who has the authority to appoint a proxy for decision-making for an incapacitated person?

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In the context of decision-making for an incapacitated person, the authority to appoint a proxy typically lies with the court system. This is because guardianship proceedings involve legal considerations regarding a person's capacity and the need for protective measures.

When a person is deemed incapacitated, their ability to make informed decisions is compromised, necessitating the involvement of a neutral party to ensure their rights and well-being are safeguarded. The court evaluates the situation and determines whether a guardian or proxy should be appointed to make decisions on behalf of the incapacitated individual, considering their best interests.

Family members, healthcare facilities, or primary doctors may play roles in advocating for the person or providing information, but they do not have the legal authority to appoint a proxy themselves. The court's involvement ensures that the process is transparent, fair, and aligned with legal standards, providing a necessary check on the decision-making power granted to a guardian or proxy.

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