Legal Opinion · Dissent

Guardianship of L.H.

Massachusetts Appeals Court

Decided January 24, 2014No. 11-P-1510Published

1DissentAgnes, J.

With a significant loss of liberty and her own bodily integrity at stake, L.H., though represented by appointed counsel throughout these proceedings, was left without an advocate for her interests, and was forced to express those interests herself in the face of cross-examination, expert testimony, and argument against her by her own counsel. While L.H. repeatedly asserted that the side effects of the antipsychotic medication caused “anxiety [and] despair” and felt like “torture,” and that she would “rather be dead” than take it, her counsel took the position of the adversary, Lowell Health…

2Cases cited29 opinions

  1. Vitek v. JonesSupreme Court of the United States · 1980
  2. Washington v. HarperSupreme Court of the United States · 1990
  3. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  4. Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
  5. Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977

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