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SUPERINTENDENT OF BELCHERTOWN STATE SCH. v. SAIKEWICZ

373 Mass. 728 (1977)

370 N.E.2d 417

SUPERINTENDENT OF BELCHERTOWN STATE SCHOOL & another vs. JOSEPH SAIKEWICZ.

Supreme Judicial Court of Massachusetts, Hampshire.

November 28, 1977.

Attorney(s) appearing for the Case

Robert M. Bonin, First Assistant Attorney General, Stephen Schulz, Assistant Attorney General, Paul R. Rogers, Special Assistant Attorney General, Judith Applebaum & William Swartz, for the plaintiffs.

Patrick J. Melnik, guardian ad litem, for the defendant.

Jonathan Brant, L. Scott Harshbarger & Robert H. Bohn, Jr., Assistant Attorneys General, for Civil Rights and Liberties Division of the Department of the Attorney General, amicus curiae.

William J. O'Neil, for the Mental Health Legal Advisors Committee, amicus curiae.

John C. Vincent, Jr., for Massachusetts Association for Retarded Citizens, Inc., amicus curiae.

Robert L. Burgdorf, Jr., David M. Simonson, Nancy B. Shuger & Frank Laski, for Developmental Disabilities Law Project of the University of Maryland Law School, amicus curiae.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.

LIACOS, J.

On April 26, 1976, William E. Jones, superintendent of the Belchertown State School (a facility of the Massachusetts Department of Mental Health), and Paul R. Rogers, a staff attorney at the school, petitioned the Probate Court for Hampshire County for the appointment of a guardian of Joseph Saikewicz, a resident of the State school. Simultaneously they filed a motion for the immediate appointment of a guardian ad litem, with authority to make the necessary...

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