Right to counsel

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Court Rule or Initiative, Guardianship/Conservatorship of Adults - Ward

In guardianship proceedings, Del. Code Ann. tit. 12 § 3901(c) specifies that the person with the alleged disability is only "entitled to representation by counsel," but there is no provision for appointment of counsel. However, Del. Ch. Ct. R. 176(a) specifies that upon petition for appointment of a guardian ad litem, "the Court shall appoint a member of the Delaware Bar to represent the adult person alleged to be disabled if such person is not otherwise represented by counsel, to receive notice on behalf of such person and to give actual notice to such person, explain his or her rights, and the nature of the proceeding. The attorney ad litem shall represent the person alleged to be disabled as if engaged by such person. The Court, in its discretion, may appoint an attorney ad litem to represent a minor disabled person."

Appointment of Counsel: categorical Qualified: no