Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston, discuss Right to Counsel

Cohen & Oalican, LLP; Medicaid, MassHealth and Elderlaw Attorneys in Boston, Andover, Raynham.

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Court Procedures


Right to Counsel

Under the new statute, the court, at its discretion, may appoint an attorney to represent the incapacitated person. The judge may appoint counsel at the request of the incapacitated person or someone else on his or her behalf if the judge believes that the person’s interests are not adequately represented. In the past, the court only appointed an attorney to represent the individual where a proposed guardian was seeking extraordinary medical authority (such as Rogers powers). Although this right to counsel provides additional protections to incapacitated persons, it may also delay the appointment of temporary guardians and add to the legal costs.

This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer