Right to attorney guardian ad litem

Neb. Rev. Stat. § 28-387(1) provides that an ex parte order may be issued “authorizing involuntary adult protective services or temporary placement for a vulnerable adult for up to forty-right hours, excluding nonjudicial days, pending the hearing for a need for continuing services…” For such an order to be issued, the court must make the following findings on the record:

(a) The person is a vulnerable adult;

(b) An emergency exists; and

(c) There are compelling reasons for ordering protective services or temporary placement.

At the hearing on the need for continued services, the adult has a right to appointed counsel who serves as a guardian ad litem:

Unless the vulnerable adult has counsel of his or her own choice or has indicated a desire for an attorney of his or her own choice, the court shall appoint an attorney to represent him or her in the proceeding, who shall have the powers and duties of a guardian ad litem.

Neb. Rev. Stat. 28-387(6).

Because the statute permits the entry of an ex parte order for protective custody on an emergency basis for up to 48 hours, but the right to counsel does not attach until the hearing occurs, and because the appointed counsel serves in a guardian ad litem rather than client-directed role, the right to counsel is classified as “qualified.”