SB5837

SB5837: Currently, in child guardianship cases, appointment of counsel for the child is discretionary, permitted in certain situations, e.g., where the minor requests counsel and is twelve years of age or older. The bill clarifies that discretionary appointment applies also in modification and termination cases. In addition, the bill would create a right to counsel where (a) the minor is 12 years of age or older, their parent objects to the guardianship, and the parent is represented by counsel; or (b) the minor is the sole petitioner of the guardianship case. Next, it permits appointment for other petitioners.

Currently, in adult conservatorship cases, appointment of counsel at public expense is mandatory if the respondent is indigent or if in the opinion of the court, the respondents’ rights and interests cannot otherwise be adequately protected. The amended law requires the court to appoint counsel, regardless of indigency, if the respondent objects to the petition, tells the court visitor that they want counsel, or if in the court’s opinion the respondents’ rights and interests cannot be otherwise adequately protected and represented. The attorney costs are still paid at public expense if the respondent is indigent. Similar amendments are proposed to the provision governing appointed counsel in protective arrangement proceedings under Sec. 11.130.610.