State ex rel. McQueen v. Court of Common Pleas

The probate court appointed a guardian for Appellant, who was found to be indigent, and placed him in a secured nursing facility. After 120 days had elapsed since the appointment of the guardian for Appellant, Appellant requested a review of the guardianship to review the continued necessity of the guardianship. A guardianship-review hearing was scheduled, but the court did not appoint counsel to represent Appellant for the hearing. Appellant filed a motion for the appointment of counsel at court expense. The probate court stated that that the request to appoint counsel would be considered at the review hearing. Appellant subsequently filed a complaint for a writ of mandamus to compel the probate court to appoint counsel for him for the review hearing, and the court of appeals denied the writ. The Supreme Court reversed and granted the writ of mandamus to compel the probate court to appoint counsel to represent him in the guardianship-review proceeding, holding that Appellant established his entitlement to the requested relief. View "State ex rel. McQueen v. Court of Common Pleas" on Justia Law