In re Kang Yun Yu

OPINION OF THE COURT

John M. Leventhal, J.

Issue Presented

The issue presented in this case is whether an exception should be created to the physician-patient privilege when the medical institution in which the alleged incapacitated person (AIP) resides seeks to present medical records and the testimony of a treating physician to have a guardian appointed in order to secure an appropriate placement of the AIP upon her discharge and to have a guardian appointed.

Background

The AIP has been diagnosed with schizophrenia and several medical conditions, including severe arthritis that has left her…