Even though a retiree testified “rationally and coherently” as to why an Article 81 guardian need not be appointed for him, a judge nevertheless designated a monitor to prevent the man from again going on impulsive spending sprees should his mental illness return.

Acting Supreme Court Justice Eugene E. Peckham (See Profile) held that he can intervene under Article 81 of the Mental Hygiene Law, which is normally invoked by courts to appoint guardians to oversee the affairs of people deemed mentally or physically incapacitated.