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, Guardianship/Conservatorship of Adults - Protected Person
For guardianship cases,
A proposed ward has the right to be represented by counsel at any proceeding under this article. The court shall appoint counsel to represent the proposed ward for the initial proceeding held pursuant to section 524.5-307 if neither the proposed ward nor others provide counsel unless in a meeting with a visitor the proposed ward makes an informed decision in writing to specifically waive the right to counsel.
Minn. Stat. § 524.5-304(b). Minn. Stat. §524.5-406(b) repeats this right to counsel for guardianship of property proceedings, even though the right for such proceedings already exists pursuant to § 524.5-304(b).
Minn. Stat. § 524.5-317(c) incorporates the same procedures for guardianship terminations as guardianship establishments, meaning the right to counsel should apply.
One court has suggested that the right to counsel from guardianship establishment proceedings indeed extends to guardianship review proceedings. Greer v. Professional Fiduciary, Inc., 792 N.W.2d 120, 127-28 (Minn. Ct. App. 2011) ("Minn.Stat. § 524.5–417(c)(3) … grants a conservator the power to assert legal claims on behalf of an incapacitated person; it does not deprive the incapacitated person of the right to challenge the conduct of her conservator—or her guardian—in the probate court … In fact, the conservatorship and guardianship statutes contain numerous provisions to ensure that incapacitated persons are informed of, and may participate in, the proceedings … Both the conservatorship and guardianship statutes also guarantee incapacitated persons the right to counsel in these proceedings. See Minn.Stat. § 524.5–304(b)…")
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