In conservatorship/guardianship, consent for decisions is given by whom?

• A. The patient
• B. A judge
• C. Legal guardian who speaks for the patient
• D. The treating physician

Answer: (C)

In conservatorship or guardianship, the person appointed by the court acts as the surrogate decision-maker. That legal guardian has the authority to consent to medical, housing, finances, and other decisions for someone who lacks the capacity to consent themselves. The patient, by definition, cannot provide informed consent when capacity is absent, and while the judge oversees the guardianship, the judge’s role is to appoint and supervise, not to routinely consent to each decision. The treating physician can inform and recommend, but cannot unilaterally consent without the guardian’s authorization. The guardian’s role is to represent the ward’s best interests (and, when possible, follow any known preferences).