Right to counsel

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Legislation, Guardianship/Conservatorship of Adults - Ward

In proceedings relating to involuntary guardianship, the court “shall appoint counsel for the respondent when an initial petition . . . is filed”; in any subsequent proceeding, the court shall appoint counsel upon the respondent’s or a party’s written request, and may appoint counsel upon its own initiative.  See 14 V.S.A. § 3065(a)(1).  “Upon the filing of the petition, the court shall appoint counsel for the respondent” in proceedings involving guardianships for developmentally disabled individuals.  See 18 V.S.A. § 9308. 

 

“For indigent respondents, the court shall maintain a list of pro bono counsel from the private bar to be used before appointing nonprofit legal services organizations to serve as counsel.”  Id. at § 3065(c). 

Appointment of Counsel: categorical Qualified: no