Right to attorney ad litem for certain payees
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).
05/16/2023, Legislation, Other subject area
South Carolina recently enacted SB 259 to amend the Structured Settlement Protection Act by adding S.C. Code § 15-50-80, which requires the court to appoint an attorney ad litem for payees "in any case involving:"
(1) a proposed transfer of a minor's structured settlement payments rights by a conservator or by a parent or guardian if a conservator has not been appointed ... ; or
(2) a proposed transfer of structured settlement payment rights involving a payee who appears to the court to suffer from a mental or cognitive impairment." Id. at (B).
For all other payees, appointment of an attorney ad litem is discretionary. Id. at (A). The attorney ad litem must advise the court about whether the proposed transfer is in the best interests of the payee.
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