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.