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
In guardianship proceedings, Tenn. Code Ann. § 34-1-125 dictates that "The court shall appoint an attorney ad litem to represent the respondent on the respondent's request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent." Usually an attorney ad litem serves in a best interests capacity, but the statute goes on to state, "The attorney ad litem shall be an advocate for the respondent in resisting the requested relief." The statute adds that the costs of such attorney are "charged against the assets of the respondent." See also Tenn. Code Ann. § 34-3-106 (in guardianship proceedings, "The respondent has the right to: (5) Have an attorney ad litem appointed to advocate the interests of the respondent"); Tenn. Code Ann. § 34-3-108(c) (for review/termination of guardianship, "the disabled person has all the rights set out in § 34-3-106").
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