Right to counsel

The court must appoint counsel for unrepresented adults who are the subject of a guardianship (“interdiction”) petition. The right to appointed counsel applies to both the establishment and review proceedings. La. Code Civ. Proc. Ann. art. 4544(A) (for establishment, “If the defendant makes no timely appearance through an attorney, the petitioner shall apply for an order appointing an attorney to represent the defendant. Pursuant to such a motion, or on its own motion, the court shall appoint an attorney to represent the defendant”).

The right to counsel may also attach in modification and termination matters, because La. Code Civ. Proc. Ann. 4554 states, “Except for good cause, the court shall follow substantially the same procedures that apply to an original petition for interdiction before it modifies or terminates an interdiction judgment.” And the civil procedure codes provides that “[a] final judgment shall be annulled if it is rendered: (1) Against an incompetent person not represented as required by law…” See La. Code Civ. Proc. Ann. art. 2002(A). However, it is not clear whether a modification order would be considered “final”, nor whether Section 4554 requires representation.

The right to counsel is therefore classified as “qualified”, since the appointment seemingly may or may not apply in subsequent proceedings.