Right to counsel - transfer of disabled person's property
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
Illinois courts recognize a quasi-right to counsel for disabled spouses in proceedings involving the conveyance of joint property by the non-disabled spouse. 65/18 (West) ("The court shall appoint some discreet person or attorney as guardian for the person alleged to be under disability....")
Cite: 750 Ill. Comp. Stat. 65/18
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
yes
