Legal Capacity Litigation

Respect choice. Honor decisions. Advance self-determination.

CPR has initiated or participated in landmark cases that established new rights for individuals under guardianship or other mechanisms that limit individual choice and automony.  CPR successfully defended a woman who did not want to be shocked with an electric device as advocated by her guardian and her treatment team at the Judge Rotenburg Center, the only facility in the United States that administers electric shock as a form of aversive conditioning on people with disabilities.    CPR also assisted a young man who successfully petitioned for the discharge of his guardianship in favor of his supported decision-making network.

Massachusetts appeals courts have been among the most active in the country in expanding the rights of people under guardianship and in defining the procedures that must be followed to appoint a guardian.  CPR has litigated many of those cases, often by submitting “friend of the court” briefs in these cases.  State and federal courts have frequently cited treatises, law review articles, briefs, and other publications authored by CPR in cases involving the rights, freedom, and autonomy of individuals with disabilities.