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Right to counsel – Transfer of disabled person’s property

Illinois , Legislation , Other subject area

Illinois courts recognize a quasi-right to counsel for disabled spouses in proceedings involving the conveyance of joint property by the non-disabled spouse. 750 Ill. Comp. Stat. 65/18 (“The court shall appoint some discreet person or attorney as guardian for the person alleged to be under disability….”). 

Appointment of Counsel: Yes
Qualified: Yes
? 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.
© 2003-2024 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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