Right to attorney ad litem

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03/28/2023, Legislation, Involuntary Medical Treatment (incomplete)

On March 28, 2023, North Dakota enacted SB 2225, providing protected or proposed protected persons with the right to an attorney ad litem where the guardian or proposed guardian seeks court authorization to consent on the person's behalf to treatment with a prescribed mood stabilizer or antipsychotic medication.  The guardian or proposed guardian can seek such authority either at the initial hearing on the plenary guardianship or at a separate involuntary treatment hearing.  The protected person is entitled to an attorney ad litem in such proceedings, and the right attaches upon the petition being filed.  N.D. Cent. Code Ann. § 30.1-28-16(1).

Appointment of Counsel: categorical Qualified: yes