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

The PING