Guardianship right to counsel featured in Bloomberg

03/26/2023, Miscellaneous, Guardianship/Conservatorship of Adults - Protected Person

An article in Bloomberg Law took a look at the guardianship right to counsel laws around the country (which we have tracked in our interactive map) and some of the flaws that often appear, such as requiring the protected person to request counsel or having vague language that does not ensure the provision of appointed counsel.  Our research also shows how many states put the appointed attorney in an ad litem role, meaning they are not advocating for what the protected person wants.

 

Conversely, Nevada fixed its guardianship law, and Legal Aid of Southern Nevada caused 25% of petitions to be dismissed as unnecessary, showing the dire need for representation.