45 CFR § 211.5 - Action under State law; appointment of guardian.

---
identifier: "/us/cfr/t45/s211.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 211.5 - Action under State law; appointment of guardian."
title_number: 45
title_name: "Public Welfare"
section_number: "211.5"
section_name: "Action under State law; appointment of guardian."
chapter_name: "OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "211"
part_name: "CARE AND TREATMENT OF MENTALLY ILL NATIONALS OF THE UNITED STATES, RETURNED FROM FOREIGN COUNTRIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1-11, 74 Stat. 308-310; 24 U.S.C. 321-329."
regulatory_source: "39 FR 26546, July 19, 1974, unless otherwise noted."
cfr_part: "211"
---


# 211.5 Action under State law; appointment of guardian.

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.