Photo: Pixel-Shot/Adobe StockState Appellate Court Rejects Reasoning for Attorney's Removal From Conservatorship
The appeals court concluded the probate court abused its discretion in disqualifying private counsel based on the determination that the plaintiff was incapable of hiring private counsel. The court concluded the record didn't support the conclusion because the plaintiff wasn't the one to hire the counsel.
January 17, 2025 at 02:48 PM
5 minute read
A Missouri appeals court determined private counsel was erroneously disqualified from overseeing a conservatorship matter after concluding the lower court erred in its reasoning that a woman with intellectual disabilities was incapable of hiring a private attorney.
The Missouri Court of Appeals for the Western District reversed and remanded a probate court's decision disqualifying plaintiff Jennifer Kinard's private counsel. Kinard had been represented by a Clay County public administrator, Alexa Summit, when an attorney with the Missouri Protection & Advocacy Services entered an appearance on Kinard's behalf. Summit filed a motion to disqualify the attorney, which the trial court granted. On appeal, Kinard claimed the court erred in its reasoning to remove the attorney.
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