SB190
SB190: Currently, respondents in guardianship matters are entitled to appointed counsel if they cannot afford to employ an attorney, while respondents in conservatorship cases receive counsel regardless of indigency. The bill would adopt provisions of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements (UGCOPA) Act, narrowing the right such that individuals only receive an attorney in guardianship or conservatorship establishment matters if (a) the respondent requests an attorney; (b) the visitor recommends appointment of counsel; or (c) “the court determines the respondent needs representation.” If a protected person seeks termination or modification, or removal and appointment of a successor guardian or conservator, the same appointment provisions apply. The same three factors for appointment apply in protective arrangement cases too. However, the court must immediately appoint counsel for a respondent upon the filing of a petition for appointment of an emergency guardian or conservator.
Bill Status: Active
Last action (on 05/07/2025): REFERRED TO JUDICIARY
