Right to counsel

Rhode Island , Legislation , Guardianship/Conservatorship of Adults - Protected Person

Rhode Island law requires the probate court to provide an attorney for incapacitated individuals undergoing guardianship proceedings if the respondent contests the petition in some way.  R.I. Gen. Laws § 33-15-7(d).  Additionally, the court shall appoint legal counsel if the respondent requests counsel, or the guardian ad litem determines it is in the respondent’s best interests.  § 33-15-7(e).  For the guardianship removal proceedings, however, § 33-15-18(a) states only that “[t]he ward may retain counsel for this purpose.” 

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.