Article 81 of the Mental Hygiene Law recognizes two types of guardianships after a showing that the appointment is necessary for the protection of a vulnerable person. The person may consent or the court may find that the person is incapacitated. The statute uses the words “Incapacitated Person” (IP) to refer to a person who has been determined to be in need of a guardian and has not consented. The term “Person in Need of a Guardian” (PING), to refer to a person who has consented to the appointment of a guardian, is not found in the statute at all and is only found in the sparse case law.
The IP
A non-consent guardianship requires a finding by clear and convincing evidence that the person is at risk because of unmet personal needs or property needs and lacks an understand of his or her functional limitations