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- Title
Right to Counsel in Restoration of Rights Cases.
- Authors
Pollock, John; Rusciano, Megan
- Abstract
Access to counsel affords a zealous advocate who can help a person subject to guardianship bring the claim and meaningfully access the court. C. The Need for Counsel to be Zealous Advocates As a final note, it is important to reinforce the finding that in restoration proceedings, the right to counsel must invoke the right to a zealous advocate. § 2111.49(C) states that guardianship review proceedings must be held "in accordance" with § 2111.02 (the guardianship establishment statute), and since § 2111.02 provides a right to counsel, the right to counsel had to be applied to the review proceedings. 387.620 states that the ward is "entitled to counsel" but it is unclear whether this includes appointment of counsel given that other guardianship provisions specifically refer to appointment of counsel.
- Subjects
RIGHT to counsel; ATTORNEY &; client; DISCRIMINATION against people with disabilities
- Publication
Bifocal, 2021, Vol 42, Issue 4, p1
- ISSN
0888-1537
- Publication type
Article