As opioid use in Massachusetts sky-rockets, the Family Courts are seeing an increase in guardianship of minor proceedings. Usually families prefer to keep the child with a family member rather than in the foster care system when the parent is involved with opioid use.
In the case, Guardianship of V.V., the Massachusetts Supreme Judicial Court held that biological parents in private guardianship cases now have the right to free legal counsel in the probate court. In contrast, who will represent the guardian?
In the case, Guardianship of V.V., the Supreme Judicial Court was faced with the issue of whether a parent whose minor child is the subject of a guardianship proceeding pursuant to G.L. c. 190B, § 5-206, and who cannot afford counsel, has a right to have counsel appointed and to be so informed.