Discretionary appointment of counsel
In In re Guardianship of S.M.N., 781 N.W.2d 213 (S.D. 2010), the trial court relied upon 29A-5-117 of the Guardianship Act (“Nothing in this chapter precludes the appointment of an attorney, guardian ad litem, or court representative if the court determines that such an appointment is necessary”) to appoint counsel for a natural parent in a guardianship proceeding to transfer custody to a non-parent.
As to minors specifically, another section of the guardianship and conservatorship code states:
The court may appoint an attorney for the minor, either upon the filing of the petition or at any time thereafter, if it concludes that an appointment is necessary to protect the minor’s interests, and the court may appoint a court representative to make such investigations as the court shall order if it concludes that an appointment is necessary for a reasonably informed decision on the petition.
§ 29A-5-205 (emphasis added). Presumably, the attorney serves in a best interest role, given the emphasized language.
