Right to Counsel – Certain minors in guardianship cases

Minors subject to guardianship proceedings can generally be appointed counsel “in proceedings brought under sections 45a-603 to 45a-622, inclusive, and sections 45a-715 to 45a-717 [regarding TPR], inclusive.” Conn. Stat. Ann. § 45a-620.  But “[i]n any [guardianship] proceeding in which abuse or neglect, as defined in section 46b-120, is alleged by the applicant, or reasonably suspected by the court,” the “minor shall be represented by counsel appointed by the court.” Id. 

All minors subject to guardianship proceedings may be appointed a guardian ad litem who need not be an attorney, but that person must a person “other than the person appointed to represent the minor”.  Id.

Regarding payment of appointed counsel, “[t]he cost of such counsel shall be paid by the person whom he or she represents,” unless they are unable to pay and demonstrate their inability to pay through an affidavit filed with the court, in which case the attorney’s compensation is “paid from funds appropriated to, the Judicial Department” or “paid from the Probate Court Administration Fund” if the Judicial Department has not included such funds in its budget. Conn. Stat. Ann. § 45a-620.  Furthermore, “[i]n the case of a minor, such affidavit may be filed by a suitable person having knowledge of the financial status of such minor.” Id.