59-30,202.

324 words·~1 min read·/ks/chapter-59/59-30-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,202. Appointment and role of attorney.

(a)Unless the respondent in a proceeding under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay. The court shall give preference in the appointment of an attorney to an attorney whom the respondent has requested or to any attorney who has represented the respondent in other matters if the court has knowledge of that prior representation.

(b)An attorney representing the respondent in a proceeding under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, shall:

(1)Make reasonable efforts to ascertain the respondent's wishes;

(2)advocate for the respondent's wishes to the extent reasonably ascertainable; and

(3)if the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration and scope, consistent with the respondent's interests.

(c)The court may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, if:

(1)The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;

(2)the court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or

(3)the court otherwise determines the parent needs representation.

(d)An attorney representing the respondent shall interview the respondent in person and, in a manner the respondent is best able to understand:

(1)Explain to the respondent the substance of the petition, the nature, purpose and effect of the proceeding, and the respondent's rights at the hearing on the petition;

(2)determine the respondent's views about the order sought by the petitioner; and

(3)inform the respondent that all costs and expenses of the proceeding, including respondent's attorney fees, may be paid from the respondent's assets.