45 C.F.R. § 211.5

Action under State law; appointment of guardian

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Link to an amendment published at 91 FR 36545, June 17, 2026.

Whenever an eligible person is incapable of giving his consent to care and treatment in a hospital, either because of his mental condition or because he is a minor, the agency will take appropriate action under State law, including, if necessary, procuring the appointment of a legal guardian, to ensure the proper planning for and provision of such care and treatment.