Right to counsel

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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) also trigger the appointment of counsel to represent that person. See §§ 475.075, 475.062. 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.”

 

Unlike some of the other statutory rights to counsel, the right to counsel for an alleged disabled person is triggered automatically upon the filing of a petition seeking appointment as a guardian or conservator over that person; no finding of indigency or desire for appointed counsel is necessary. § 475.075.

Appointment of Counsel: categorical Qualified: no