59-30,145.

310 words·~1 min read·/ks/chapter-59/59-30-45

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

59-30,145. Appointment and role of attorney for adult.

(a)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 any attorney who has represented the respondent in other matters if the court has knowledge of that prior representation or to an attorney whom the respondent has requested. Any appointment made by the court shall terminate after the guardian's plan has been approved and after any appeal from the appointment of a guardian, unless the court continues the appointment by further order. Thereafter, an attorney may be appointed by the court if requested, in writing, by the adult subject to guardianship, the guardian, or upon the court's own motion.

(b)An attorney representing the respondent in a proceeding for appointment of a guardian for an adult 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 in type, duration and scope, consistent with the respondent's interests.

(c)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, the respondent's rights at the hearing on the petition and the general powers and duties of a guardian;

(2)determine the respondent's views about the appointment sought by the petitioner, including views about a proposed guardian, the guardian's proposed powers and duties and the scope and duration of the proposed guardianship; 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.