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
The court must also appoint an attorney ad litem to represent the "interests" of the proposed ward in any guardianship proceedings of adults or minors based on mental health, including the termination of guardianships, but the term "interests" is not defined in terms of whether it is best vs. legal interests. Tex. Estates Code Ann. §§ 1054.001, 1202.101. In In re Guardianship of Glasser, 297 S.W.3d 369, 377 (Tex. App. 2009), a court found that this latter statutory provision authorized the judge to appoint more than one attorney for a proposed ward if the judge deemed it necessary.
Additionally, Tex. Estates Code § 1054.007 gives the judge discretionary power to appoint an attorney ad litem in any guardianship proceeding for an incapacitated person or another person who has a legal disability; a “proposed ward”; a nonresident; an “unborn or unascertained person”; or an “unknown or missing potential heir.”
Under Tex. Health and Safety Code § 613.004(c), the court must appoint an attorney ad litem and a guardian ad litem to represent the ward's interests if the guardian petitions the court (pursuant to § 613.003) for an order authorizing the ward to donate a kidney to an immediate family member.
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: yes