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Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06306

A ward in an SCPA article 17-A proceeding may choose her own counsel

Matter of Jessica L.M. (Deborah M.)

Read the official decision: 2026 NY Slip Op 06306

Holding A ward subject to a guardianship proceeding under SCPA article 17-A is constitutionally entitled to select counsel of their own choosing. The Surrogate’s Court erred in disqualifying the petitioner’s retained counsel and appointing new counsel because the record demonstrated the petitioner freely and independently retained her attorney.

Why it matters

Issue of first impression for the Appellate Division regarding the right to counsel in SCPA article 17-A proceedings

Establishes that wards in developmental disability guardianship proceedings have the right to select their own legal representation

The court’s words

The question presented on these appeals, an issue of first impression for this Court, is whether a ward who is the subject of a guardianship pursuant to article 17-A of the Surrogate's Court Procedure Act (SCPA) is entitled to legal counsel of their own choosing.

2026 NY Slip Op 06306, at the official text

We answer this question in the affirmative.

2026 NY Slip Op 06306, at the official text

The right of an individual to select counsel implicates both the First Amendment guarantees of freedom of association and the Sixth Amendment right to counsel and will not yield unless confronted with some overriding competing public interest

2026 NY Slip Op 06306, at the official text

the petitioner freely and independently retained counsel of her own choosing

2026 NY Slip Op 06306, at the official text

no overriding competing public interest exists to abrogate the petitioner's right to select counsel of her choice

2026 NY Slip Op 06306, at the official text
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06306
Area of lawTrusts, Estates and Guardianship
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06306
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1585

Same court and area in the last 180 days

Recommended citation

ESQ HQ, New York Law Watch, Matter of Jessica L.M. (Deborah M.), 2026 NY Slip Op 06306 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06306/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Featured by Eric McAvey, November 14, 2026.

Published October 28, 2026. Updated November 14, 2026.