Discretionary appointment for unrepresented interested person in probate matter
Legislation, Other subject area
When an estate is being probated, “the court, in its discretion, may appoint some competent attorney to represent any interested person who has been served with notice and who is otherwise unrepresented,” and the attorney’s appointment “shall be in lieu of appointment of a guardian ad litem.” Iowa Code § 633.118.
It is unclear from the probate code or case law how broadly the court can exercise its discretion (i.e., whether the individual “otherwise unrepresented” must make a showing of indigence, incompetence or some other attribute to be entitled to court-appointed counsel).
Appointment of Counsel:
discretionary
Qualified:
no
