Right to counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Adults - Ward

Proceedings to appoint a guardian, guardian ad litem, or conservator for an allegedly disabled individual (who is not a minor) automatically trigger the appointment of counsel to represent that person. See Mo. Stat. §§ 475.075, 475.062 (providing for equivalent appointment of counsel in proceedings to appoint a conservator for allegedly disabled person’s estate).  Mo. Stat. § 475.083(6) extends the right to appointed counsel to termination of guardianships filed without the joinder of the guardian, while § 475.082(4) specifies, “If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration.”

Appointment of Counsel: categorical Qualified: no