Guardian appointment under Mental Hygiene Law Article 81 relates to which?

• A. A guardian may be appointed for an incapacitated person
• B. A guardian may be appointed for a minor
• C. A guardian may be appointed for a creditor
• D. A guardian may be appointed for a beneficiary

Answer: (A)

Mental Hygiene Law Article 81 is about protecting adults who cannot manage their own affairs due to incapacity. It provides for the appointment of a guardian to look after the person (and sometimes the property) of an incapacitated adult. That focus makes the statement that a guardian may be appointed for an incapacitated person the correct interpretation of Article 81. Guardianship for minors, or guardians for creditors or beneficiaries, are governed by different statutes or mechanisms and are not the subject of this article.