Kernrechtsfrage
Whether the refusal of free legal aid in the cantonal appeal was lawful
Extrahierter Entscheid
The appellant was indigent; the refusal was unlawful and had to be set aside.
Extrahierte Begründung
The cantonal court could not deny indigence by relying on a fixed asset exemption of CHF 5,000. Given the appellant’s age, health, modest income and precarious future pension situation, a notional reserve of at least CHF 10,000 was appropriate; her assets, including the car, remained below that threshold. The low monthly surplus also did not allow her to pay expected costs within a year.