Who primarily dictates the desires of an alleged incapacitated person in legal representation?

The primary responsibility for representing the desires of an alleged incapacitated person falls to the attorney for that individual. The role of the attorney is crucial in ensuring that the person's preferences, values, and wishes are communicated effectively in the legal process. This is particularly important in guardianship cases, where the alleged incapacitated person's autonomy and rights need to be preserved as much as possible.

Attorneys are trained to understand the legal framework surrounding capacity and incapacitation, and they are tasked with advocating for their client's wishes regardless of whether those wishes may align with what others believe to be in the person's best interest. This advocacy requires not only knowledge of the law but also a deep understanding of the client's situation, which includes their past choices, desires, and perspectives.

This focus on the individual's voice is a fundamental principle in both guardianship laws and ethical legal representation, emphasizing the importance of client-centered advocacy. In this context, while the court, the guardian, and family members may all play significant roles in the guardianship process, it is the attorney who must prioritize and express the desires of the alleged incapacitated person in legal matters.