By accepting such guardianship, of course, an individual does not forfeit his or her rights. Rather, the incompetent individual is in a contractual relationship, similar to the relationship between children and their parents or guardians (outlined above, pp. 5.5:51-4). In this relationship, the incompetent's basic interests are protected, in accordance with the document that he or she previously signed.

The party adjudging competency would be determined previously by the uncoerced choice of the adult individual. The chosen party could be another person, a board of mental health professionals deemed to be objective, or even the government or its legal system. More likely, however, agencies dedicated to performing this function in an objective and reputable manner would develop in a competitive market. The adult would also retain the power to amend his or her original choice as long as he or she remained competent. It seems likely that the designation of such an agency would become a standard—although completely voluntary—procedure upon attainment of majority in a free society.