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Amici tell appeals court mandatory early counsel would have prevented JCS’s contested guardianship
Summary
Amicus counsel for disability and public-representation groups told the appeals court that JCS’s record shows rapid, uncontested entry of plenary guardianship/conservatorship without counsel, and urged earlier appointment or statutory clarification to protect due process.
At oral argument in impounded Case No. 231394, amici representing public-interest and disability organizations urged the appeals court to recognize the systemic risk when protected persons lack counsel at the outset of guardianship proceedings.
Attorney Talley, appearing for a group that included the Center for Public Representation, CPCS, the Disability Law Center and the Mental Health Legal Advisors Committee, told the panel that the record showed JCS had no…
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