Discretionary appointment of counsel

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Legislation, Guardianship/Conservatorship of Adults - Protected Person

In guardianship proceedings, the notice of the guardianship proceeding must include "the right to request the appointment of counsel and to have counsel appointed if the court deems it appropriate and the right to have such counsel paid for if it cannot be afforded."  20 Pa. Stat. Ann. § 5511(a). According to 20 Pa. Stat. Ann. § 5512.2(b), the same rights given in guardianship establishment proceedings apply to review proceedings, which means the discretionary appointment of counsel system should apply as well. 


Additionally, if guardianship is sought for a person in a state mental hospital, "The alleged incompetent and his guardian shall be represented by counsel and, unless private estate counsel exists or is appointed by the Court of Common Pleas, the Court Administrator shall take necessary steps to insure that such counsel is provided."  204 PA ADC 29.41(3).

Appointment of Counsel: discretionary Qualified: no