Right to counsel

West Virginia , Legislation , Guardianship/Conservatorship of Adults - Protected Person

W. Va. Code § 44A-2-7(a) and W. Va. Code, § 44A-4-6(c) establish a right to counsel in the establishment and termination of guardianships or conservatorships, respectively. In the context of establishing a guardian or conservatorship, “[i]n appointing legal counsel, the court shall consider any known preferences of the alleged protected person, or an alleged protected person may hire and pay for an attorney of his or her choice.” 

Appointment of Counsel: Yes
Qualified: No
? 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.