Right to counsel

Generally

The same code provisions that govern civil commitment matters may be used to order involuntary treatment. See Kan. Stat. Ann. § 59-2967(a) (as to mental health) and Kan. Stat. Ann. § 59-29b67(a) (as to substance dependency) (both sections state, "An order for outpatient treatment may be entered by the court at any time in lieu of any type of order which would have required inpatient care and treatment...").

Individuals subject to involuntary proceedings have the right to counsel in matters related to mental health treatment as well as in matters related to treatment for substance dependency. See Kan. Stat. Ann. § 59-2960(a)(3) and 59-29b60(a)(3) (the provisions provide, "Upon the filing of the petition ... the district court shall issue ... [a]n order appointing an attorney to represent the proposed patient at all stages of the proceedings and until all orders resulting from such proceedings are terminated."). 

There is no mention of an indigency requirement.  However, costs including attorneys fees can be levied against the patient's estate, "to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct..." Kan. Stat. Ann. § 59-2981.  But "if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act," they cannot be made to pay the costs. Id.  Instead, the court may either order the petitioner to pay or the costs "may be paid from the general fund of the county of the residence of the proposed patient."     

As to unrepresented petitioners

If the petitioner is unrepresented in an involuntary treatment matter, "the county or district attorney shall represent the petitioner..."  Kan. Stat. Ann. §§ 59-2965(e) (mental health-related trials); and 59-29b65(e) (substance dependency-related trials).

However, the goal of the county or district attorney is to "aid [ ] the court in determining whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act." Id.  So it seems as though the attorney serves in an ad litem-type role.

For minor respondents

If a person is younger than 18 years of age, their parent may apply to "voluntarily" admit them to a treatment facility. Kan. Stat. Ann. § 59-2949(b)(2).  Although a minor between the ages of 14 and 17 can consent on their own behalf to their admission, Id, nothing mentions that a minor between those ages is able to object to an admission to which their parents consented (which might trigger a right to counsel).

Though the section refers to "admision," the head of the treatment facility may divert the person to "a less restrictive treatment alternative, as may be appropriate." Kan. Stat. Ann. § 59-2949(b)(3).

Notably, the guardian of a minor (as opposed to a parent) cannot apply to voluntarily admit the minor without court authorization.  In such matters, the minor does have a right to counsel pursuant to Kan. Stat. § 59-3077(c)(3).