Substituttbeslutning

Substituttbeslutning, a term originating from Scandinavian legal traditions, refers to the process by which a court or other authorized body makes a decision on behalf of an individual who is unable to make decisions for themselves. This typically occurs when an adult lacks the mental capacity to manage their own affairs, whether due to illness, disability, or other incapacitating factors. The core principle behind substituttbeslutning is to ensure that the individual's best interests are protected and that their wishes and preferences, as far as they can be ascertained, are respected.

The process often involves an assessment of the individual's capacity to understand the nature and consequences of their decisions. If found to be lacking, a legal guardian or representative may be appointed to make decisions concerning their personal care, finances, or legal matters. The authority granted to the substitute decision-maker is usually defined by law and can vary depending on the jurisdiction and the specific circumstances. In some cases, a court order is required to establish the substitute decision-making authority, while in others, pre-existing legal documents like enduring powers of attorney may suffice. The aim is to provide a framework for making critical decisions when direct consent from the individual is not possible, thereby upholding their rights and well-being.