Income of Mother’s Cohabiting Fiance Should Not Have Been Considered in Determining Mother’s Entitlement to Assigned Counsel

In finding mother was deprived of her right to counsel in a guardianship proceeding, the Second Department determined the income of mother’s cohabiting fiance should not have been considered:

…[T]he Family Court erred in considering the income of the mother’s cohabiting fiancé in making a determination as to whether she was needy and, therefore, entitled to appointment of counsel …. Furthermore, nothing in the record supports a finding that the mother waived her right to counsel … . Thus, the mother was deprived of her right to counsel (see Family Ct Act § 262[a][v]…).  Matter of Angel L, 2013 NY Slip Op 05528, 2nd Dept 7-31-13