Right to counsel

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Legislation, All Basic Human Needs

Va. Code Ann. § 8.01-9 specifies that

 

A suit wherein a person under a disability is a party defendant shall not be stayed because of such disability, but the court in which the suit is pending, or the clerk thereof, shall appoint a discreet and competent attorney-at-law as guardian ad litem to such defendant, whether the defendant has been served with process or not. If no such attorney is found willing to act, the court shall appoint some other discreet and proper person as guardian ad litem.

 

Where the defendant already has an attorney, the court is permitted but not required to appoint a guardian ad litem.

Appointment of Counsel: categorical Qualified: yes