Which factor is considered when establishing guardianships: capacity or diagnosis?

• A. The Ward's Medical Diagnosis Only
• B. The Ward's Decision-Making Capacity Regardless of Diagnosis
• C. The Ward's Age
• D. The Ward's Income

Answer: (B)

The key idea is that guardianship decisions hinge on the person’s ability to make their own decisions, not on a medical label alone. This capacity is about function: can the person understand information relevant to a decision, appreciate the consequences, weigh options, and communicate a choice? This assessment is decision-specific and dynamic, meaning someone may have capacity for some decisions but not others, and a particular diagnosis does not automatically determine incapacity. In practice, you evaluate whether the ward can understand and decide, rather than assuming incapacity from age, income, or a medical diagnosis. That’s why the factor considered is the ward’s decision-making capacity, regardless of diagnosis.