Right to counsel

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Legislation, Involuntary Medical Treatment (incomplete)

Ark. Code Ann. § 36-540 specifies that in hearings regarding court-ordered outpatient or inpatient treatment, “The court may appoint as a temporary guardian or conservator pursuant to subsection H of this section a suitable person or the public fiduciary if there is no person qualified and willing to act in that capacity. The court shall issue an order for an investigation as prescribed pursuant to subsection G of this section and, unless the patient is represented by independent counsel, the court shall appoint an attorney to represent the patient in further proceedings regarding the appointment of a guardian or conservator.”

Appointment of Counsel: categorical Qualified: no