Right to counsel

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Legislation, Guardianship/Conservatorship of Adults - Ward

W. Va. Code § 44A-2-7(a) and W. Va. Code, § 44A-4-6(c) (LexisNexis 2012) establish a right to counsel in the establishment and termination of guardianships or conservatorships, respectively. In the context of establishing a guardian or conservatorship, "[i]n appointing legal counsel, the court shall consider any known preferences of the alleged protected person, or an alleged protected person may hire and pay for an attorney of his or her choice." 

Appointment of Counsel: categorical Qualified: no