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Appeals court hears challenge to guardianship of veteran James Lavers
Summary
Attorneys argued whether a trial court’s handling of testimony — including exclusion of a witness list and limits on cross-examination — violated due process in a guardianship imposed for a U.S. veteran.
An appeals court panel heard argument over whether the trial court denied due process to James Lavers when it limited conventional testimony and excluded the respondent’s witness list in a guardianship proceeding.
Attorney Deborah Dow, representing Lavers, told the court that Lavers, a U.S. veteran who served from 1969 to 1972, lived independently until his October 2022 admission to a VA hospital and “was fully making his own decisions” prior to that admission. Dow argued the trial judge’s exclusion of a conventional witness presentation and…
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