Discretionary appointment of 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, Guardianship/Conservatorship of Adults - Protected Person
For guardianship proceedings, Ind. Code § 29-3-5-1(c) specifies that "Unless an alleged incapacitated person is already represented by counsel, the court may appoint an attorney to represent the incapacitated person"). Ind. Code § 29-3-8.5-1 states that "A court in a proceeding under this article may appoint a volunteer advocates for seniors program or a volunteer advocates for incapacitated adults program", while Ind. Code § 29-3-8.5-7 adds that "The court may appoint an attorney to represent a volunteer advocate for seniors and incapacitated adults."
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.
discretionary
no
