Discretionary appointment of counsel - standby guardianships
06/28/2018, Legislation, Other subject area
NY CLS SCPA § 1726(4)(e), amended in 2018, provides that a court may appoint counsel for a child when petition by a standby guardian to assume custody is filed, in order to determine if the petition is in the best interests of the child.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: discretionary Qualified: no