Right to counsel - sterilization of ward
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Sterilization
Nev. Rev. Stat. Ann. § 159.0806(2), enacted in 2019, provides that a guardian must apply for court approval to sterilize a protected person, and that “Unless an attorney or a guardian ad litem has already been appointed, after a guardian applies to the court for the authority to consent to the sterilization of a protected person, the court shall appoint: (a) An attorney to represent the protected person; and (b) A guardian ad litem to make recommendations on behalf of the protected person.”
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.
categorical
no
