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Discretionary appointment of counsel – standby guardianships

06/28/2018 , New York , Legislation , Other subject area

NY CLS SCPA § 1726(4)(e), amended in 2018, provides that a court may appoint counsel for a child when petition by a standby guardian to assume custody is filed, in order to determine if the petition is in the best interests of the child.

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.
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The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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