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New ABA Ethics Rules Empower People Under Guardianship—But States Lag Behind

A landmark shift in legal ethics could transform guardianship cases—if states act. Why are courts and lawyers slow to embrace these critical protections?

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1 min read
The image shows a woman in a business suit smiling at the camera against a blue background. She...
The image shows a woman in a business suit smiling at the camera against a blue background. She appears to be an attorney general, her expression conveying a sense of confidence and authority.

New ABA Ethics Rules Empower People Under Guardianship—But States Lag Behind

New ethics rules from the American Bar Association (ABA) aim to give people under guardianship or conservatorship more control over their legal representation. The changes, introduced in February 2024, require lawyers to follow their clients' wishes—even if they disagree. But as of June 2024, no US state has yet adopted the updated guidelines, leaving enforcement in doubt.

The ABA's revised rules, known as Model Rule 1.14, address long-standing concerns about legal representation for individuals under guardianship or conservatorship. Previously, lawyers often sided with courts or guardians rather than their clients' stated preferences. In one case, Robert Fagan's court-appointed attorney ignored his objections and instead supported the very arrangement he opposed.

The problem gained wider attention in 2021 when Britney Spears testified that she had not known she could request an end to her conservatorship. Her case highlighted how many people in similar situations lack awareness of their rights. Around 1.3 million American adults currently live under guardianship or conservatorship, often losing decision-making power to an appointed guardian.

For the new rules to work, state court systems must adopt them and provide training for lawyers. However, by June 2024, none had done so. The delay reflects the slow pace of legal reforms, as state bar associations typically take years to implement changes. Some judges and attorneys may also remain unaware of the right to advocate for a client's objectives, even in guardianship cases.

The ABA's updated ethics rules mark a shift toward stronger protections for people under guardianship or conservatorship. Yet without state adoption and legal training, their impact remains limited. The changes aim to prevent cases like Fagan's and Spears', where clients' voices were overlooked in court.

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