Also known as: appointments · appointee · appointees · appointed · appointing · power of appointment
Written by attorneys · grounded in primary & secondary sources — see below
A formal designation of a person to a position or role. The designation confers authority or responsibility and is made by a person or body with power to select the designee.
Congress passes a statute authorizing state governors to select officers for a newly organized militia unit. Governor Ramirez designates Captain Torres to lead the unit. Torres assumes command and begins training drills under federal guidelines.
After his arrest for wire fraud, defendant Marcus Bell appears before a magistrate and states that he cannot afford an attorney. The court designates public defender Lena Ortiz to represent Bell at the initial appearance and throughout the proceedings.
Attorney Nora Kline represents client Harold Finch, who suffers from advanced dementia and faces eviction from his apartment. Kline petitions the probate court for designation of a conservator to manage Finch's finances and housing decisions.
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After the state agency terminates her need-based benefits without a hearing, recipient Carla Ruiz sues for reinstatement. The court holds that due process requires an evidentiary hearing before termination and notes that counsel may be designated if Ruiz cannot afford representation.
Following a change in circumstances, parent Jordan Hale petitions to modify a prior custody decree naming parent Taylor Voss as custodian. The court reviews whether modification serves the child's best interest and whether Voss should remain the designated custodian.
Seller Elena Vargas wishes to convey property but lacks capacity. The probate court designates a conservator who executes the deed transferring title to buyer Apex Dynamics at closing.
A defendant who cannot obtain counsel is entitled to appointed representation at every stage from initial appearance through appeal unless the right is waived.
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A lawyer may seek protective action including guardianship when the client has diminished capacity, faces substantial harm, and cannot act in his or her own interest.
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Counsel is permitted but not required. The hearing itself must include notice, confrontation, evidence presentation, and an impartial decisionmaker.
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A court-appointed guardian or conservator is among the persons authorized to execute closing documents when the record owner lacks capacity.
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…the filing of the petition for the settlement of accounts, appellant was, by order of the court pursuant to § 100-c (12), appointed special guardian and attorney for all persons known or unknown not otherwise appearing who had or might thereafter have any interest in the income of the common trust fund; and appellee…