Overprotected but Unrepresented: An Argument for Mandatory Appointment of Counsel and Against Automatic General Conservatorships in California

We are pleased to share an article written by Maria Reyes Olmedo which was just published in the Loyola of Los Angeles Law Review.  Maria served as an intern with Spectrum Institute during the summer of 2021.  Maria is scheduled to graduate and receive a law degree in May 2023.  The article is titled: “Overprotected but Unrepresented: An Argument for Mandatory Appointment of Counsel and Against Automatic General Appointment of Counsel and Against Automatic General Conservatorships in California Conservatorships in California.”

The abstract of the article explains:  “Conservatorships are restrictive arrangements that must be reserved for people with severe intellectual and/or developmental disabilities. However, California probate courts unnecessarily impose conservatorships and forego less restrictive alternatives for the sake of administrative convenience. While AB 1194 will ameliorate California’s paternalistic conservatorship system, this Note advocates for requiring courts to appoint counsel to all conservatees and proposed conservatees in every conservatorship proceeding, and to enact conservatorships only after proving less restrictive methods are insufficient. Humans—regardless of their dis/ability—deserve to age with dignity in a conservatee-centric system that does not violate their constitutional, federal, and state rights.”

Our congratulations to Maria for a well-written piece of scholarship.  To read the full article, click here.