Who primarily decides on issues regarding the rights of an alleged incapacitated person (AIP)?

The decision regarding the rights of an alleged incapacitated person (AIP) primarily lies with the alleged incapacitated person and their attorney. This approach emphasizes the importance of respecting the autonomy and preferences of the individual deemed incapacitated. It acknowledges that, even in situations where an individual's capacity might be questioned, they still possess rights and should have a meaningful voice in discussions about their life and decisions.

In legal proceedings, the involvement of the AIP and their attorney ensures that their views and desires are effectively represented and taken into account. This collaborative approach helps to safeguard the individual's interests and promotes a more person-centered model of decision-making.

While other parties such as the guardian ad litem, the court, and family members play roles in the guardianship process, their input is secondary to the direct wishes and preferences of the AIP themselves. The guardian ad litem acts on behalf of the AIP in some legal matters, the court ultimately oversees and makes determinations about capacity and guardianship, and family members may provide perspectives or support but do not hold the same authority as the AIP and their legal representation.