When a patient is non compos mentis and a physician doubts capacity, who may assume guardianship?

When a patient is non compos mentis and a physician doubts capacity, who may assume guardianship?

• A. The court
• B. The physician
• C. The patient's employer
• D. The patient

Answer: (A)

Capacity is a legal issue. When a patient is non compos mentis and a physician questions capacity, the authority to appoint a guardian rests with the court, not with medical staff, the patient, or an employer. A physician can assess capacity and provide medical input, but guardianship requires a formal petition, often in probate or family court, followed by evaluations and a hearing. The court then may appoint a guardian to protect the patient’s welfare and manage personal or financial affairs under court oversight. The patient cannot appoint themselves, and an employer has no legal authority to assume guardianship.

Capacity is a legal issue. When a patient is non compos mentis and a physician questions capacity, the authority to appoint a guardian rests with the court, not with medical staff, the patient, or an employer. A physician can assess capacity and provide medical input, but guardianship requires a formal petition, often in probate or family court, followed by evaluations and a hearing. The court then may appoint a guardian to protect the patient’s welfare and manage personal or financial affairs under court oversight. The patient cannot appoint themselves, and an employer has no legal authority to assume guardianship.