Right to counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Adults - Protected Person

Ala. Code § 26-2A-102(b) states that "After the filing of a petition, the court shall ..., unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem."


Ala. Code § 26-2A-110(c) adds that "Before appointing a successor guardian, or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian."  This means right to counsel for initiation of guardianship extends to guardianship extensions or terminations.

Appointment of Counsel: categorical Qualified: yes