According to the hierarchy of substitute decision-makers, what is the role of a parent of an incapable person?

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The role of a parent of an incapable person, as outlined in the hierarchy of substitute decision-makers, primarily includes the right of access. This means that while parents may have an interest and concern for their child's well-being, especially if the child is deemed incapable of making their own decisions, their authority over decision-making may not extend to full autonomy in every aspect. In many jurisdictions, this role often follows a hierarchy that prioritizes other decision-makers, such as spouses or legal guardians, therefore limiting the parent’s authority.

The emphasis on access denotes that parents can maintain involvement in the decision-making process and have the opportunity to advocate for the needs and preferences of their child, but do not have the ultimate authority to make all decisions. This distinction is important in recognizing the legal framework surrounding decision-making for individuals who cannot do so themselves, thereby ensuring that decisions are made in the best interest of the incapable person, while also respecting the roles of other potential decision-makers.

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