What happens when a resident is not competent to make their own medical decisions?

When a resident is deemed not competent to make their own medical decisions, the correct course of action typically involves the appointment of a patient advocate through the court system. This legal process ensures that the individual's rights are protected and that decisions about their medical care are made in their best interest. A patient advocate or guardian, who is often appointed to act on behalf of the resident, is responsible for making informed decisions that align with what the resident would have wanted, or what is deemed best for their well-being.

The option of a family member automatically making decisions does not account for legal definitions of competency and the necessity of a formal process to assume decision-making authority, which may not always favor family members. Similarly, the facility taking decisions on behalf of the resident lacks the legal backing and ethical considerations necessary to ensure that the resident's needs and preferences are adequately represented. The notion that a medical team becomes the decision-makers also misrepresents the structure of rights and responsibilities; medical professionals must work alongside advocates or guardians to ensure that all decisions are ethically sound and legally compliant.

Therefore, the involvement of a court-appointed patient advocate recognizes the importance of due process and ethical decision-making when an individual can no longer voice their preferences regarding care.