Representing a Person with a Guardian

Source: National Center on Law and Elder Abuse

Published: 2020


Attorneys, including legal services attorneys should be open to representing individuals under guardianship. When representing a person with a guardian, an attorney may need to take extra steps to ensure their client has the right to counsel of their choice and be a strong advocate to ensure the proceedings are treated with dignity and the client’s due process rights are upheld. By using procedural and evidentiary tools—including alternatives to guardianship—advocates can increase clients’ independence and autonomy and restore their civil rights.

In this training, presenters will share:
• Considerations for representing a legally incapacitated client;
• Strategies for advocating for clients’ rights;
• Standards and burdens for modifying or terminating guardianship; and
• Requesting reasonable accommodations.

• David Godfrey, Senior Attorney, ABA Commission on Law and Aging
• Emily Miller, Managing Attorney, Michigan Crime Victim Legal Assistance Project – Elder Justice Initiative, Michigan Poverty Law Program
• Nicole Shannon, Systemic Advocacy Attorney, Michigan Elder Justice Initiative

Video Recording 

PowerPoint Slides 

Chapter Summary 


Link: Representing a Person with a Guardian

Topics: Caregiving, Cognition/Capacity, Legal

Access: Web-based

Intended Use: Self-directed Learning

Audience: Caregivers, Legal/Law Enforcement, Social Services

Level: Basic, Intermediate