Legal Opinion

L.B. v. Chief Justice of the Probate and Family Court Department

Massachusetts Supreme Judicial Court

Decided May 4, 2016No. SJC 11892PublishedCited by 8 opinions

1Opinion of the CourtSpina, J.

In Guardianship of V.V., 470 Mass. 590 (2015), we held that a parent whose minor child is the subject of a guardianship petition pursuant to G. L. c. 190B, § 5-206, and who cannot afford counsel has a right to have counsel appointed and to be so informed. The issue in this case is whether a parent also has a right to counsel if and when the parent petitions to have the guardian removed or to have the terms of the guardianship modified. We conclude that a parent does have a right to counsel for certain of those types of petitions. We also offer some guidance to the Probate and Family Court,…

2Cases cited22 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Stanley v. IllinoisSupreme Court of the United States · 1972
  4. Petition of the New England Home for Little WanderersMassachusetts Supreme Judicial Court · 1975
  5. Bezio v. PatenaudeMassachusetts Supreme Judicial Court · 1980

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3Cited by8 opinions

  1. Blanchard v. Steward Carney Hospital, Inc.Massachusetts Supreme Judicial Court · 2017
  2. Blanchard v. Steward Carney Hospital, Inc.Massachusetts Supreme Judicial Court · 2019
  3. Steinmetz v. Coyle & Caron, Inc.Court of Appeals for the First Circuit · 2017
  4. 477 Harrison Ave, LLC v. JACE Boston, LLCMassachusetts Supreme Judicial Court · 2019
  5. Guardianship of J.T.Massachusetts Supreme Judicial Court · 2016

3 more not listed; retrieve them via the Exa API.

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