The defendant psychiatrist brought a motion to declare the self-represented plaintiff a party under a disability and to appoint the Public Guardian and Trustee as his litigation guardian.
The plaintiff had previously sustained a catastrophic brain injury and was found to require a litigation guardian in a related motor vehicle accident proceeding.
Relying on a prior capacity assessment and the plaintiff's conduct in the present litigation, the court found the plaintiff unable to appreciate the consequences of his legal decisions.
The motion was granted and the Public Guardian and Trustee was appointed.