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, Adult Protective Proceedings - Protected Person (incomplete)
According to Del. Code. tit. 31 § 3909(a), an adult in need of protective services must be present at the hearing on a petition for involuntary services "unless the person has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the person cannot be present without endangering the person's welfare. Waiver or incapacity may not be presumed from nonappearance..."
Regardless of whether the individual is present at the hearing, they have the right to counsel, and the court shall appoint counsel "[i]f the person is indigent or lacks the capacity to waive counsel[.]" Id. If the respondent is indigent, the "reasonable attorney's fees, such as are customarily chaged by attorneys in this State for comparable services[,]" shall paid from the state's adult protective services budget "[t]o the extent that funding for this purpose is budgeted and available[.]" Id.
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: no