CPR’s work nationally, and in Massachusetts, continues to focus on expanding the legal rights of people with disabilities to make choices in their own lives, including the right of persons subject to guardianship and conservatorship proceedings to choose, retain and, in appropriate circumstances, discharge their own counsel. When a recent Massachusetts Appellate Court case invited briefing on this question, CPR took primary responsibility for the organization and development of an amicus brief, in collaboration with local partners, Disability Law Center, Mental Health Legal Advisors Committee, and Committee for Public Counsel Services. The brief was filed on September 15, 2025.
Given the fundamental rights at stake in guardianship and conservatorship proceedings, and the impingement of liberty resulting from such orders, Amici argued that neither alleged nor adjudicated incapacity should prevent people subject to guardianship and/or conservatorship from choosing and retaining counsel in proceedings to challenge, modify, or terminate those orders. The brief points to the history and plain language of the Massachusetts Uniform Probate Code (MUPC), the importance of counsel in enforcing individuals’ rights under Title V of the MUPC, the Massachusetts Declaration of Rights, existing judicial safeguards, other state laws, and national guardianship experts in support of this argument. Amici urged the Court to conclude that no external standard of capacity should be applied for a respondent to retain counsel in these proceedings, other than the individualized assessment completed by attorneys in deciding whether or not to offer representation under the Rules of Professional Conduct.
CPR’s amicus work reflects a long-standing commitment to advancing alternatives to guardianship for residents of Massachusetts. This judicial strategy is complemented by CPR’s continued leadership on legislation to achieve recognition of Supported Decision Making in Massachusetts, and its education and outreach to diverse communities, through partnerships with disability led organizations like the Massachusetts Developmental Disabilities Council, and family-run advocacy groups.