THE ARTICLE EMPHASIZES THE FACT THAT THE DECLARATION OF INCOMPETENCY REQUIRED FOR GUARDIANSHIPS IS OFTEN AN EVENT OF GREAT CONSEQUENCE FOR THE INDIVIDUAL. IT DEMONSTRATES THE STRIKING ABSENCE OF PROCEDURAL FORMALITY IN INCOMPETENCY DETERMINATION, THE ARTICLE EXAMINES THE 'BEST INTERESTS' DOCTRINE WHICH HAS BEEN USED AS A HISTORICAL AND LEGAL JUSTIFICATION FOR PROCEDURAL INFORMALITY, AND ILLUSTRATES HOW POORLY THE 'BEST INTERESTS' DOCTRINE HAS SERVED THE ELDERLY IN GUARDIANSHIP MATTERS. THE PROTECTIVE SERVICES CONCEPT IS DISCUSSED, WITH EMPHASIS ON THE HISTORICAL FOUNDATION OF GUARDIANSHIP, THE DISTINCTION BETWEEN INVOLUNTARY COMMITMENT AND GUARDIANSHIP, AND THE ABUSE OF THE MEDICAL MODEL WITH REGARD TO DEFINING OBJECTIVE PATHOLOGICAL BEHAVIORAL VARIANCES AS GROUNDS FOR COMMITMENT. THE EMOTIONAL COSTS, THE PROCEDURAL REQUIREMENTS OF DUE PROCESS OF LAW, AND THE CONDUCT OF INCOMPETENCY PROCEEDINGS IN GUARDIANSHIP DETERMINATIONS ARE DISCUSSED. THE LIMITS OF PARENS PATRIAE ARE OUTLINED, WITH ATTENTION TO SUBSTANTIVE DUE PROCESS AND INVOLUNTARY CUSTODIAL CONFINEMENT OF THE ELDERLY. JUDICIAL DECISIONS ARE CITED AND DISCUSSED. REFERENCES ARE FOOTNOTED. (KBL)