Discretionary appointment of counsel

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

Haw. Rev. Stat § 560:5-205(c) provides for the discretionary appointment of counsel for the child in a guardianship proceeding:

If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained fourteen years of age.

The same discretionary language is used in the provision governing guardianships of the minor’s property. See Haw. Rev. Stat. § 560:5-405(a).

Appointment of Counsel: Discretionary
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.