Right to counsel
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, Other subject area
In matters related to petitions for court determinations as to whether a patient has the capacity to make a health care decision, or for an order authorizing a designated health care decision-maker on the patient's behalf, unrepresented patients have the right to counsel under Cal. Prob. Code § 3205.
If the individual is unable to pay for the appointed counsel in whole or in part, the county shall pay. See id. (incorporating the compensation and expenses provision found at Cal. Prob. Code § 1472).
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
