Legal Opinion

Guardianship of K.N.

Massachusetts Supreme Judicial Court

Decided April 13, 2017No. SJC 12195Published

1Opinion of the CourtLowy, J.

In L.B. v. Chief Justice of the Probate & Family Court Dep’t, 474 Mass. 231, 232 (2016), this court held that a parent whose minor child is the subject of a guardianship petition pursuant to G. L. c. 190B, § 5-206, has a right to counsel in certain situations. The issue in this case is whether an indigent guardian who is the subject of a removal petition under G. L. c. 190B, § 5-212, is entitled to appointed counsel in the proceedings. We conclude that guardians who have established a de facto parent relationship with their wards do not have a liberty interest in that relationship such that…

2Cases cited10 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Blixt v. BlixtMassachusetts Supreme Judicial Court · 2002
  3. E.N.O. v. L.M.M.Massachusetts Supreme Judicial Court · 1999
  4. Department of Public Welfare v. J. K. B.Massachusetts Supreme Judicial Court · 1979
  5. Youmans v. RamosMassachusetts Supreme Judicial Court · 1999

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