Introduction
Many practitioners see Article 81 of Mental Hygiene Law as a huge step forward in the statutory regulation of the guardianship of incapacitated persons. The Article provides for more flexible and less restrictive approach in the determination of the legal status of those incapacitated persons who are in need of guardians` protection. The principle of individual approach underlies the article. The principle implies that in every particular case the powers of a guardian must be tailored to the needs of the incapacitated person. The guardian will assist the ward only in those matters where the assistance is needed (activities of daily ...