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Subject: Right to Counsel in Guardianship Proceedings

Matter of St. Luke's-Roosevelt Hosp. Center (New York Court of Appeals, 1996)

Disability Advocates represented the respondent, an allegedly incapacitated, indigent woman, who was the subject of a guardianship proceeding.  The primary issue was whether she was entitled to counsel at public expense to represent her in the guardianship proceeding.

Significant decisions:
Matter of St. Luke's-Roosevelt Hosp. Center, 89 N.Y.2d 889, 675 N.E.2d 1209, 653 N.Y.S.2d 257 (NY 1996)
The State Court of Appeals held there is a statutory and constitutional right to counsel in guardianship proceedings which seek to place an allegedly incompetent individual in a nursing home or to make major medical decisions without the individual’s consent, and that individuals who are indigent have the right to public funding for such counsel.  The court also held that the county (or in New York City, the City) must pay for the constitutionally required counsel for indigent.