§ 15-14-434 — Right to a lawyer post-adjudication

(1) An adult protected
person has the right post-adjudication to be represented by a lawyer of the
protected person's choosing at the expense of the protected person's estate unless
the court finds by clear and convincing evidence that the protected person lacks
sufficient capacity to provide informed consent for representation by a lawyer.
Upon such a finding, the court shall appoint a guardian ad litem, and the adult
protected person retains the right to a lawyer of the adult protected person's
choosing for the limited purpose of interlocutory appeal of the court's decision as
to the right to a lawyer.

(2) The right to a lawyer described in subsection (1) of this section applies to
a protected person participating in proceedings or seeking any remedy under parts
1 to 4 of this article, including change or termination of a guardianship, judicial
review of fiduciary conduct, appellate relief, and any other petition for relief from
the court.

(3) Subject to subsection (1) of this section, the court shall appoint a lawyer
to represent any adult protected person in any proceedings pursuant to parts 1 to 4
of this article if the protected person is not represented by a lawyer and the court
determines the protected person needs such representation.

(4) A lawyer for the protected person, on presentation of proof of
representation, must be given access to all information pertinent to proceedings
under this title, including immediate access to medical records and information.

Legislative History

Source: L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1166, � 4, effective August 10.