An incapacitated person is defined as:

• A. Any person who for any cause is incapable adequately to protect his or her rights, including a person for whom a guardian has been appointed pursuant to article 81 of the mental hygiene law.
• B. A person who is temporarily unable to practice law
• C. A person who is deceased
• D. A person who is a minor without a guardian

Answer: (A)

In Surrogate’s Court practice, an incapacitated person means someone who cannot adequately protect his or her own rights due to a diminished ability to manage affairs or understand consequences. The definition explicitly includes a person for whom a guardian has been appointed under Mental Hygiene Law Article 81, which reflects how guardianship is used to protect someone who lacks capacity. This makes the concept broad enough to cover individuals who are unable to safeguard their rights and who are already under a protective proceeding.

The other options don’t fit because they describe states or statuses unrelated to incapacity in this context: temporarily unable to practice law is a professional issue, not a capacity issue; deceased is not a living person who requires protection; a minor without a guardian does not by itself define incapacity under this legal framework, though guardianship can apply to minors in other contexts.