Discretionary appointment of counsel

Florida , Legislation , Guardianship/Conservatorship of Children - Child (incomplete)

A statute provides for the discretionary appointment of counsel “to represent the interests of a minor at the hearing on the petition for appointment of a guardian.” Fla. Stat. Ann. § 744.3021(3). A guardian may exercise authority over both the person and property of the protected individual. See Fla. Stat. Ann. § 744.361(10).

Because it appears as though the attorney represents the minor’s best interests and not the minor’s wishes, and because no appointment of counsel provision could be located for subsequent guardianship matters, the appointment is classified as “qualified” in addition to discretionary.

Appointment of Counsel: Discretionary
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.