Right to guardian ad litem
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).
03/09/2023, Legislation, Adult Protective Proceedings - Protected Person (incomplete)
Although the Uniform Guardianship and Protective Proceedings Act (UGPPA), Ala. Code § 26-2A-1, et seq., requires that the court appoint an attorney for an unrepresented adult subject to a “petition for a conservatorship or other protective order,” adult protective proceedings are governed by a different section of the code, the chapter known as Adult Protective Services (APS) Act of 1976, § 38-9-1, et seq.
At the hearing on a petition for protective placement or other protective services, the court shall appoint a guardian ad litem (GAL) for an adult who is the subject of the petition if they are unrepresented by counsel. Ala. Code § 38-9-6(a). However, neither Title 38 (Public Welfare) nor Chapter 9 (Protection of Aged Adults and Adults with a Disability) provide a definition of “guardian ad litem.” See Ala. Code §§ 38-1-1 and 38-9-2, respectively. Thus, it is unclear whether a GAL appointed under the APS Act must be an attorney. And although the UGPPA states that the attorney appointed may be “granted the powers and duties of a guardian ad litem,” the UGPPA is incorporated into the APS act only insofar as where the appointment of a guardian becomes necessary.
Due to this ambiguity, the right is classified as "qualified."
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: categorical Qualified: yes