Right to counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Adults - Protected Person

For establishment of a guardianship, "The court shall appoint a lawyer to represent the respondent in the proceeding if: (a) Requested by the respondent; (b) Recommended by the visitor; or (c) The court determines that the respondent needs representation."  Colo. Rev. Stat. § 15-14-305(2). Since Colo. Stat. § 15-14-318(3) requires the court to use the same procedures for termination as estabilshment, the ward likely has a right to appointed counsel.  See also Colo Stat. § 15-14-319 (right to counsel at expense of ward’s estate for post-conservatorship proceedings, unless ward lacks capacity to provide informed consent to representation).

Appointment of Counsel: categorical Qualified: yes