A Judicial Menu:

An "incapacitated" elderly person may be brought to probate court in proceedings to impose adult protective services, involuntary commitment for mental illness, or guardianship. If the person or agency bringing the petition has chosen a remedy the criteria of which do not fit the respondent, the case is likely to be dismissed without assuring assistance to the elderly person. Suggesting that judges take a global view, the article encourages them to ask, "What remedy is appropriate for this person, in this situation?" Key to choosing the remedy is comprehensive, functional evaluation of the respondent by a qualified human services professional. The article discusses content of the evaluation, available resources, and implications of the judicial menu approach for the respondent and the court.