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.
No such proceeding
Services must be provided by consent, but the department may pursue action through the Probate Code in certain situations.
Discretionary appointment of GAL who need not be an attorney
The court may appoint a guardian ad litem for the child in custody matters, but the GAL need not be an attorney.
Right to counsel
Indigent nonconsenting parents have the right to counsel in guardianship matters, as do objecting parents in other protective arrangement cases.
Right to counsel
In other protective arrangements and in most conservatorship matters, the court must appoint counsel if the minor requests counsel or contests.
No such proceeding
Protective services may only be provided if the adult consents, unless the department takes action through the Estates and Trust Code.
No such proceeding
It appears that protective services can only be provided consensually, but the department may pursue action through probate court.
Right to counsel
The court may appoint counsel for a child in any guardianship matter. Counsel is required in conservatorship proceedings.
Right to counsel for certain parents or custodians of Indian children
Indigent parents of Indian children may have the right to counsel in certain guardianship or conservatorship matters concerning an Indian child.
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.
