Your Life A Mess? So Bad That Courts Should Step In?

Final 02

Casey Fidler discusses a case with Tyler McQueen, M.D.

Our students handled nine guardianship cases this semester.   Each student wrote a brief to the court, after many interviews and gathering evidence from physicians, social workers, neighbors and family members.  They thought about what it should take before society, through the courts, should step in.

Monica Berry was court-appointed to represent a retired woman who was living alone in an apartment.  The woman’s daughter said that her mother’s mental illness had progressed and that she wasn’t eating well.  There were no recent medical records to examine, but the woman’s relatives testified about her declining hygiene and physical health.  The court adopted Monica’s recommendation to appoint a guardian to make decisions for the woman.

Reva Singh is getting a Masters in Bioethics, in addition to a law degree, which she found useful in her guardianship case.  She writes: “Just because someone is weird, does that make them incompetent?  When  I asked my client’s family why he may need a guardian, they said  ‘He thinks he’s God,’ or ‘He thinks he can ask any woman to marry him if she smiles at him.’  While these details were worth considering, they did not determine his ability to take care of himself.  If outlandish behavior was all I’d found, I would be troubled, but not certain of his incompetence.”

Reva used both sides of her education to focus on the facts of the case and help the court decide what was best for her client.

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