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Earlier courts used a "best interests" standard to determine custody in such cases.
For these patients, the Best Interests standard is the only option.
Nonetheless, this is only a challenge to the narrow way in which the Best Interests standard has typically been employed: a more nuanced interpretation of the orthodox view can handle the cases of the never-competent appropriately.
By contrast, the Best Interests standard allows for a more generic view of interests, without having to rely on the idiosyncratic values and preferences of the patient in question.
And this means that we should use the Substituted Judgment standard whenever possible and fall back on the Best Interests standard only when we lack sufficient information about the patient's prior wishes and values to make Substituted Judgment practicable.
In short, sometimes — especially in dealing with patients with rich inner lives whose decision-making is nevertheless impaired — the application of the Best Interests standard may look an awful lot like an exercise of Substituted Judgment.
Similar(45)
"The proposed settlement doesn't come anywhere near meeting a public interest standard".
It is the sworn duty of the Federal Communications Commission to stand up for the public; the public-interest standard cannot be satisfied by a few vague platitudes.
The judge who unsealed the deposition in July argued that because Cosby was seen as a "public moralist", his statements met the public interest standard for being released.
But when used in a visitation context, the "best interest" standard, which is subjective and broadly defined, allows a state court to substitute its judgment for the parent's.
The New York State Court of Appeals has broadened the "protectable interest" standard so that it covers what are called "unique individuals," who can be protected even when they have no managerial responsibilities or special customer contacts.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com