Right to counsel

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Legislation, Guardianship/Conservatorship of Adults - Ward

Pursuant to the Massachusetts Uniform Probate Code, after filing a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person, or person to be protected or someone on his or her behalf requests appointment of counsel, or if the court determines that the interests of the ward, incapacitated person, or person to be protected are or may be inadequately represented, "the court shall appoint an attorney to represent the person, giving consideration to the choice of the person if fourteen or more years of age." M.G.L. ch. 190B, § 5-106. 

 

M.G.L. ch. 190B, § 5-311(c) specifies that the court is to follow the same procedures for termination of guardianship as for establishment, so presumably the right to counsel applies as well.

Appointment of Counsel: categorical Qualified: no