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To: AndrewC
Oh, yeah, why not a lawyer for a guardian? What does that next of kin know, anyway?

Regardless of whether or not the guardian can be literally anyone, your argument falls apart the instant we realize that the incapacitated person retains the right to counsel, but by virtue of their incapacity, the guardian is empowered to exercise that right on their behalf - that's what guardians are for, to exercise rights on behalf of others who are not capable of so doing for themselves. It most certainly does not mandate lawyers for incapacitated people, particularly lawyers imposed regardless of the patient's or guardian's wishes. "The concept still applies" - please. That penumbra will be emanating all over you before you know it.

2,787 posted on 04/01/2005 12:03:27 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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To: general_re
Regardless of whether or not the guardian can be literally anyone, your argument falls apart the instant we realize that the incapacitated person retains the right to counsel, but by virtue of their incapacity, the guardian is empowered to exercise that right on their behalf

No it doesn't. The guardian is prohibited from some activities. PERIOD.

2,789 posted on 04/01/2005 12:19:24 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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