In a conservatorship, who has the authority to authorize medical treatment?

In a conservatorship, the authority to authorize medical treatment is typically shared between the conservator and the patient, as reflected in the correct answer. The conservator is appointed by the court to make decisions on behalf of an individual who is deemed unable to manage their own affairs due to incapacity. However, the patient, when competent to do so, retains some rights, including the ability to express preferences regarding their medical treatment.

This collaborative dynamic acknowledges the principle of autonomy, where individuals should have a say in their own care whenever possible. Even in cases where a conservator has been appointed, the law recognizes that the patient may still have the capacity to consent to certain medical treatments, especially if they can understand the nature and consequences of those decisions.

In practice, this means that if the patient is able to communicate their wishes and understands their treatment options, their consent must be considered in conjunction with the conservator's authority. This approach respects the patient's rights and encourages a more holistic approach to decision-making in the context of their care.