Maine Supreme Court rules people in guardianships, conservatorships have right to effective counsel

By Carol Bousquet

In this Thursday, April 12, 2018, photo, the Maine Supreme Court sits during a hearing in Portland, Maine.

The Maine Supreme Court has ruled that people in guardianships or conservatorships have a right to effective legal counsel.

The ruling involves the case of a disabled man who sought to terminate his guardianship and alleged his attorney was ineffective. Cumberland County Probate Court denied the man's petition and he appealed to the supreme court.

Lauren Wille, Legal Director for Disability Rights Maine, said the ruling acknowledges the rights of people that have been denied in the past.

"So the court is specifically and explicitly finding that counsel has to be effective, and they're laying out a process by which people under guardianship or conservatorship can challenge the effectiveness of their counsel," Wille said.

Disability Rights Maine did an analysis of guardianship and conservatorship cases between 2019 and 2021 and found that about 75% of those clients were not represented by legal counsel. 

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Maine Supreme Court rules people in guardianships, conservatorships have right to effective counsel