Right to counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Adults - Protected Person

A.C.A. § 16-87-306 states: "The public defender in each judicial district shall have the following duties: (1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases ..."   This suggests that there might be a right to appoined counsel in all cases involving guardianship.  However, A.C.A. § 28-65-213(a)(1) states that in guardianship cases, the respondent has the right to be “represented by counsel”, but it does not mention appointment if indigent.

Appointment of Counsel: categorical Qualified: yes