(1) An adult ward has the right postadjudication to be represented by a lawyer of the ward's choosing at the expense of the ward's estate unless the court finds by clear and convincing evidence that the ward 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 ward retains the right to a lawyer of the adult ward's choosing for the limited purpose of interlocutory appeal of the court's decision as to the right to a lawyer.
The right to a lawyer described in subsection (1) of this section applies to a wardparticipating 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.
Subject to subsection (1) of this section, the court shall appoint a lawyer to representany adult ward in any proceedings pursuant to parts 1 to 4 of this article if the ward is not represented by a lawyer and the court determines the ward needs such representation.
A lawyer for the ward, on presentation of proof of representation, must be givenaccess to all information pertinent to proceedings under this title, including immediate access to medical records and information.
Source: L. 2016: Entire section added, (SB 16-131), ch. 286, p. 1165, § 3, effective August 10.