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
Courts must appoint counsel for the person to be protected in a conservatorship proceeding. NMSA 1978, §§ 45-5-407(B) (long-term conservators), 45-5-408(B) (temporary conservators). Additionally, counsel must be provided to any indigent, incapacitated adult in a guardianship hearing, N.M. Stat. § 45-5-303(C) (in guardianship proceeding, "Unless an alleged incapacitated person already has an attorney of the alleged incapacitated person's own choice, the court shall appoint an attorney to represent the alleged incapacitated person. The court-appointed attorney in the proceeding shall have the duties of a guardian ad litem …"); § 45-5-307(D) (for review/termination of guardianship, "the court shall follow the same procedures to safeguard the rights of the incapacitated person as those that apply to a petition for appointment of a guardian as set forth in Section 45-5-303 NMSA 1978.")
Originally, counsel was required to be appointed for temporary guardianship proceedings, but in 2022, § 45-5-310(B) was amended to change "counsel" to "guardian ad litem".
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: yes