Mississippi establishes discretionary appointment of counsel for minors in guardianship matters

04/16/2019 , Mississippi , Legislation , Guardianship/Conservatorship of Children - Child (incomplete)

In 2019, the Mississippi legislature enacted SB 2828, to create the Mississippi Guardianship and Conservatorship Act.  Under the law, “A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.” Miss. Code Ann. § 93-20-202.  In such matters, the court is permitted to appoint counsel for the child. Specifically, Miss. Code Ann. § 93-20-204 states:

The court may appoint an attorney to represent a minor who is the subject of a proceeding under Section 93-20-202 if:

(a) Requested by the minor who is fourteen (14) years of age or older;
(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.

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.