Differentiate between the best interest and substituted judgment proxy standards and give examples of which types of cases would be suitable for each standard
Essentially, the best interest standard is used when the individual has never been in a situation where a competent authentic choice could be voiced. Examples would be cases such as severe mental retardation. The choice then is not what the individual would have chosen but what is in his best interest. Substituted judgment would apply in those cases where the competent individual permanently becomes unable to make the choice but has not previously stated an opinion on the matter. Examples include individuals such as Karen Ann Quinlan whose father was directed to make the choice as she would have made it had she been competent.
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