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.
Discretionary appointment of counsel
The court may appoint counsel for certain classes of unrepresented individuals in probate estate cases.
No right to counsel found
Protective services may be provided voluntarily or through court action, but no right to counsel was found.
No right to counsel located
The department may compel protective services through court order, but no right to counsel was located for such matters.
No right to counsel located
Incapacitated adults may be compelled to receive protective services on an emergency basis, but no right to counsel was found for such matters.
No right to counsel located
In an emergency, services may be provided "in a manner determined ... to be the most appropriate", but no right to counsel was found.
No such proceeding
No provisions were found suggesting an adult could be compelled to receive services, though the department is permitted to seek guardianship.
Discretionary appointment of GAL
The court may appoint a GAL for adults in certain protective matters, but it is not clear whether GAL must be an attorney.
Right to counsel
A court rule provides a right to counsel for respondents in guardianships due to intellectual disability or mental health.
Right to guardian ad litem
Indigent adults have the right to a GAL if they lack the capacity to waive the right to counsel, but it is not clear whether the GAL is attorney
No such proceeding
The adult protective services code does not itself authorize court-ordered involuntary services, but related matters are authorized.
Discretionary appointment of GAL
The court may appoint a GAL for unrepresented respondents less than 18 years of age, but it is not clear whether the GAL is an attorney.
Right to assistance for enforcement
In certain situations, the state must provide indigent victims with assistance in enforcing protective orders.
