Guardianship of V.V.
24 N.E.3d 1022
Mass.2015Background
- In December 2012 a Probate judge appointed V.V.’s great‑grandmother as permanent guardian; V.V.’s mother was not represented by counsel in that guardianship proceeding.
- The mother filed a Mass. R. Civ. P. 60(b)(4) motion (void judgment for lack of due process) and, later, a petition to remove the guardian under G. L. c. 190B, § 5‑212(a), this time represented by counsel.
- The judge denied the mother's Rule 60(b)(4) motion; the removal petition proceeded to trial before a different judge.
- At the removal trial (July 29, 2014) both mother and child were represented; the judge vacated the guardianship and returned V.V. to the mother’s custody; the guardian did not appeal.
- Because the guardianship was vacated, the mother’s appeal about counsel at the initial appointment was technically moot; the court nonetheless exercised discretion to decide the legal issue due to its public importance and potential to evade review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an indigent parent is entitled to appointed counsel in a private guardianship under G. L. c. 190B, § 5‑206 | Mother: lack of counsel at initial guardianship appointment violated due process; judgment void | Guardian/others: appointment of counsel required only when State or child‑welfare agency is a party | Court: Indigent parent has a right to appointed counsel and must be informed of that right in guardianship proceedings like § 5‑206 |
| Whether the appeal is moot because the guardianship was vacated | Mother: relief still necessary to address the prior procedural defect | Guardian: issue moot because guardianship vacated and no live controversy | Court: Appeal dismissed as moot, but court resolves entitlement‑to‑counsel question on discretionary review |
Key Cases Cited
- Department of Pub. Welfare v. J.K.B., 379 Mass. 1 (discusses parental liberty interest and right to counsel in termination proceedings)
- Care & Protection of Erin, 443 Mass. 567 (exercise of discretion to decide moot but important issues)
- Matter of Hilary, 450 Mass. 491 (even short out‑of‑home placements affect parental liberty interest)
- Adoption of Meaghan, 461 Mass. 1006 (indigent parent entitled to counsel in private adoption proceedings where fundamental rights at stake)
- Gianareles v. Zegarowski, 467 Mass. 1012 (procedural facts related to the guardianship appointment and subsequent proceedings)