Right to counsel

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Legislation, Involuntary Medical Treatment

In 2018, the legislature added 50 Pa. Stat. Ann. § 7304(c.2)(3), which specifies that when a petition is filed to subject a person to involuntary outpatient treatment who is not already subject to involuntary inpatient treatment and the court determines the petition sets forth reasonable cause, the court must appoint an attorney “as soon as practicable.  The attorney shall represent the person unless it shall appear that he can afford, and desires to have, private representation.”

 

Additionally, 71 Pa. Stat. Ann. § 1690.112a provides minors with a right to appointed counsel when being subjected to involuntary drug or alcohol treatment.

Appointment of Counsel: categorical Qualified: no