This Note focuses on how courts in New England determine when an individual is mentally incapacitated due to mental illness. Part II.A presents a description of the evolution of guardianship laws from solely common-law to statutorily based. Part II.B follows this historical review with a discussion of the possible abuses of the guardianship system and how courts mitigate the risk of such abuse. Next, Part II.C-D describes the adjudication process generally, types of guardianship, and the factors courts consider when assessing capacity. Part II.E introduces the concept of supported decision-making, which some countries have implemented to supplement existing guardianship law. Part III analyzes the effectiveness of instituting a bright-line rule regarding mental capacity. This Note recommends implementation of a uniform assessment framework and computerized statewide case-management systems to enhance the predictability and efficiency of guardianship proceedings. Finally, this Note proposes an intermediate option for individuals in the grey area between absolute mental capacity and incapacity. . .
