Right to counsel
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Legislation, Guardianship/Conservatorship of Adults - Protected Person
In guardianship establishment proceedings, "if the proposed ward is an adult and is not the petitioner, the proposed ward is entitled to representation," and "[u]pon filing of the petition, the court shall appoint an attorney to represent the proposed ward." Iowa Code § 633.561(1)(a). A nearly identical statutory scheme provides for appointment of counsel in conservatorship proceedings. Iowa Code § 633.575(1). In Estate of Leonard, ex rel., Palmer v. Swift, 656 N.W.2d 132, 139 (Iowa 2003), the court described at length the role of an attorney appointed pursuant to this statute, specifically that a) counsel is not a guardian ad litem but rather must advocate for the wishes of the ward; and b) counsel, unlike a guardian ad litem, continues representation through any conservatorship proceedings. And in In re Guardianship & Conservatorship of Robert Kenneth Fagan, 2017 Iowa App. LEXIS 1156 (Iowa App. 2017), the court stated, “This court has recognized counsel's failure to act as counsel for the proposed ward constitutes reversible error.”
Additionally, if the ward is a "minor or an adult under a standby petition" and "the court determines that the proposed ward is entitled to representation, the court shall appoint an attorney to represent the proposed ward." Id. at § 633.561(1)(b). The statute does not explain how the court is supposed to determine whether the minor ward is "entitled to representation", although it says in a later provision that "If the court determines that it would be in the ward's best interest to have legal representation with respect to any proceedings in a guardianship, the court may appoint an attorney to represent the ward at the expense of the ward or the ward's estate, or if the ward is indigent the cost of the court appointed attorney shall be assessed against the county in which the proceedings are pending."
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: no