(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.
The right to a lawyer described in subsection (1) of this section applies to a protectedperson 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.
Subject to subsection (1) of this section, the court shall appoint a lawyer to representany 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.
A lawyer for the protected person, on presentation of proof of representation, must begiven access 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. 1166, § 4, effective August 10.