Guardianship: Right To Legal Counsel 

Legal Eagle Eye Newsletter for the Nursing Profession

(6)3 Mar 98

  Quick Summary: The patient has the right to legal counsel of the patient's choice when guardianship proceedings are started so that a substitute can make medical decisions for a hospital patient, the Court of Appeals of New York pointed out recently.

  If the patient cannot afford to pay for an attorney, he or she still has the right to legal counsel. Many states allow payment of legal counsel for indigents at public expense. Matter of St. Luke’s-Roosevelt Hospital Center, 653 N.Y.S. 2d 257 (N.Y. App., 1996).