Right to counsel

Key_development Question_mark

Legislation, Adult Protective Proceedings - Proposed Ward (incomplete)

            Okla. Stat. tit. 43A, § 10-108(E)(1), which covers adult protective proceedings, specifies that “If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the right to counsel, the court shall immediately appoint counsel who shall personally meet with the vulnerable adult and attempt to discuss the petition or any pending motion prior to any hearing.”  Section § 10-108(E)(3) adds that “If the vulnerable adult is indigent, the cost of representation by counsel shall be borne by court funds”, while § 10-108(E)(4) specifies that “If the vulnerable adult is not indigent, the court may order costs of representation paid from the estate in the same manner as currently paid under the Oklahoma Guardianship and Conservatorship Act.”  See also Okla. Stat. tit. 43A, § 10-108(C)(2) (“The person has a right to be present and represented by counsel at any hearing. If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the right to counsel, the court shall appoint counsel. If the person is indigent, the cost of representation by counsel shall be borne by this state.”)

Appointment of Counsel: categorical Qualified: no