Legal Blog

           I will tell you one of the reasons why you need an attorney in Massachusetts is that you never know what a court may do.  In Massachusetts a Probate Court Judge had ordered that a 32 year old Schizophrenic and Bi-polar woman under go an abortion and sterilization procedure.  The Probate Court Judge did the woman incompetent and she was asked by the parents counsel to have her abort the fetus. 


           The Judge in the case also ordered her to be sterilized, which according to the Appeals Court was produced out of thin air and that there was no request for sterilization.  Neither the Court Appointed Guardian nor the parents had requested this and there was no Finding of Fact.  It appeared to produce some inconsistencies and what it tells you is that the Appeals Court eventually over turned the Probate Court judge, but that it is important to have an attorney present; both at the trial level and the appeals level to make sure that some unconstitutional or due process violations occur.


           This case had some strange things where it appears that the Court Appointed Guardian believed that the woman would not choose to have an abortion according to the reports by the Boston Globe and it had some fairly interesting issues constitutionally, but the one of the more questionable aspects was the sterilization order.

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