Right to counsel – Certain matters
Unrepresented minors subject to a guardianship or conservatorship likely have the right to appointed counsel, at least in certain matters related to decreasing the scope of the guardianship or conservatorship and in terminations. Mo. Ann. Stat. § 475.083(6) provides:
Upon the filing of a petition [to restore the ward or protectee, to decrease the powers of the guardian or conservator, or to return rights to the ward or protectee] without the joinder of the guardian or conservator or if the court requires a hearing for a petition filed with the joinder of a guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator and to such other persons as the court directs. The hearing shall be conducted in accordance with the provisions of section 475.075. If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding. The burden of proof by a preponderance of the evidence shall be upon the petitioner. Such a petition may not be filed more than once every one hundred eighty days.
(emphasis added).
