Courts appoint lawyers and support adult participation in protective cases

Courts must appoint a lawyer for an adult respondent who objects or asks for one, or when the court finds the person’s rights cannot otherwise be adequately protected. This applies to adults in guardianship, conservatorship, and protective arrangement cases. The court appoints the lawyer regardless of the respondent’s ability to pay. The state pays if the respondent cannot afford a lawyer, paying would cause substantial hardship, or the respondent cannot practically access funds. If the person can afford a lawyer but cannot access funds, the court may require repayment. The lawyer must be provided as soon as practical after the petition is filed and with enough time to prepare for the final hearing.

Courts generally must hold covered hearings with the respondent present and make reasonable efforts to offer a convenient location or video attendance when needed. These rules apply to hearings on conservatorship and protective arrangement petitions. A court may proceed without the respondent only if clear and convincing evidence shows the person refused after being fully informed, there is no practical way for the person to attend and participate even with support, or the respondent is a minor whose attendance would be harmful. If support would help the respondent take part and is not otherwise available, the court must make reasonable efforts to provide it. These rules apply at hearings on the covered petitions.

Court orders must set report schedules and due dates, and identify people entitled to notices and records. These requirements cover adult guardianships and conservatorships and the people named in the court orders as entitled to notice. For adult guardianships and conservatorships, reports may be due yearly, every two years, or every three years. Reports are due within 90 days after the appointment anniversary, and courts must review them within 120 days after that anniversary. Original letters of office expire 180 days after the anniversary.

People asked to accept an acknowledged supported decision-making agreement generally must accept it within five business days after receiving a requested supporter certification. This applies to people asked to accept an acknowledged supported decision-making agreement. A person may refuse in listed circumstances, including when the transaction is not otherwise required, acceptance would conflict with federal law, the certification is refused, or the person in good faith doubts the agreement or the supporter’s authority. A person may also refuse after a good-faith report of suspected abuse, neglect, exploitation, or abandonment involving the supporter or someone acting with them. The five-business-day period begins when the requested certification is received.