Ohio
,
Legislation
, Guardianship/Conservatorship of Adults - Protected Person
RC § 2111.02(C)(7) provides that “If the hearing concerns the appointment of a guardian or limited guardian for an alleged incompetent, the alleged incompetent has all of the following rights: … (d) If the alleged incompetent is indigent, upon the alleged incompetent’s request: (i) The right to have counsel …. appointed at court expense.”
In State of Ohio ex Rel McQueen, 986 N.E.2d 925 (Ohio 2013), the Ohio Supreme Court found a right to counsel for guardianship review proceedings.
NCCRC assisted with briefing on the McQueen case.
Appointment of Counsel: Yes
Qualified:
Yes
?
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.