Right to counsel
Legislation, Guardianship/Conservatorship of Adults - Protected Person
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. If the ward, incapacitated person or person to be protected has adequate resources, his counsel shall be compensated from the estate, unless the court shall order that such compensation be paid by the petitioner. Counsel for any indigent ward, incapacitated person or person to be protected shall be compensated by the commonwealth." 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: yes