The Oklahoma Bar Journal January 2026

“the responsibility of an attorney appointed pursuant to the provi sions of this section ceases upon the appointment of a guardian.” 6 However, “the court may appoint an attorney to represent a ward at any subsequent proceeding.” SELECTION – FULL OR PARTIAL INCAPACITY An incapacitated person who has been made a ward in a guard ianship is not without the right to select their own attorney. If a ward has the capacity to select an attor ney, they have an absolute right to have counsel of their choice. 7 In Towne v. Hubbard , 8 our Supreme Court discusses at length the constitutional right to be rep resented by an attorney of one’s own choosing. The court stated: The right to the assistance of legal counsel includes the right to be represented by a legal practitioner of one’s own choos ing. In Powell v. Alabama , the United States Supreme Court stated, “It is hardly necessary to say that the right to counsel being conceded, a defendant

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL