Right to counsel - consent to treatment plan

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Legislation, Involuntary Medical Treatment

"No guardian, temporary guardian, or special guardian of a minor or incapacitated person may consent to treatment for which substituted judgment determination may be required." M.G.L. ch. 190B, § 5-306A(a). However, a court may hold a hearing to determine whether to authorize a treatment plan based on the "substituted judgment" of the court. To authorize treatment, the court must find that the person, if not incapacitated, would consent to the treatment and must approve, authorize, and endorse the treatment plan. In such hearings, indigent minors or indigent incapacitated persons have the mandatory right to court-appointed counsel in any hearing in which the court shall consider a treatment plan.

Appointment of Counsel: categorical Qualified: no