Civil RTC News
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don’t fit into a neat category.
Right to counsel
Patients have the right to counsel in matters related to whether they have the capacity to make health care decisions.
No such proceeding
It appears that services must be provided consensually, but the social services agencies may pursue other legal matters on the adult's behalf.
Right to GAL and presumptive RTC at involuntary medical treatment hearing
In involuntary treatment matters under the protective services code, there is a presumptive right to counsel, at least in capacity hearings.
Discretionary appointment of attorney ad litem
The court may appoint an attorney to serve in a guardian ad litem (GAL) role for a minor respondent in a guardianship/conservatorship matter.
Right to counsel
Respondents have a right to counsel in involuntary treatment matters due to mental health and substance dependency.
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship, conservatorship, or other protective order case.
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Right to attorney guardian ad litem
At hearings regarding continued involuntary protective services, the court must appoint an attorney guardian ad litem for unrepresented adults.
Right to counsel
It the adult refuses to consent or is unable to consent, involuntary services may be sought. The adult has the right to counsel in such matters.
Right to counsel – Service by publication
If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship or conservatorship matter. The attorney likely serves in a best interest role.
