Incapacitated Person is defined as?

• A. An incapacitated person is any person who cannot adequately protect his or her rights, including a guardian appointed under article 81 of the Mental Hygiene Law.
• B. A minor.
• C. An incapacitated person is a guardian.
• D. A person who is incompetent.

Answer: (A)

In this area, an incapacitated person means someone who cannot adequately protect his or her rights. The definition explicitly includes individuals who have a guardian appointed under Mental Hygiene Law Article 81, meaning that such an appointment is itself evidence of incapacity for purposes of protective proceedings. This focuses on practical ability to manage and safeguard rights, not just age or a label like “incompetent.” A minor is not the full definition, and a guardian is the protective appointment rather than the person themselves. The term used in the statute emphasizes the capacity to protect rights, with Article 81 guardianships serving as a clear example of when someone is considered incapacitated.