What is the primary responsibility of an attorney for the alleged incapacitated person?

The primary responsibility of an attorney representing the alleged incapacitated person is to advocate for and represent the expressed wishes of that individual. This role emphasizes the importance of respecting the autonomy and preferences of the person whom the guardianship process affects. The attorney’s duty is to ensure that the voice of the alleged incapacitated person is heard in judicial proceedings, reflecting their desires regarding living arrangements, health care, and other personal matters.

This advocacy is crucial in guardianship cases, as it ensures that decisions made by the court are not only in line with legal standards but also honor the rights and preferences of the individual involved. As guardianship issues can deeply affect a person's quality of life, it is essential for the attorney to prioritize the wishes of their client over other interests or concerns that may exist within the legal system or among family members.

Additionally, while other responsibilities, such as assessing guardianship suitability or advocating for benefits, may be part of the broader guardianship process, the fundamental obligation of the attorney is to focus on the rights and wishes of the alleged incapacitated individual. This ensures that the proceedings are person-centered and not merely administrative.