TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 5

OTHER PROTECTIVE ARRANGEMENTS [EFFECTIVE JANUARY 1, 2027]

15-5-507.  APPOINTMENT AND ROLE OF ATTORNEY. [EFFECTIVE January 1, 2027] (1) Unless the respondent in a proceeding under this part is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent’s ability to pay.

(2)  An attorney representing the respondent in a proceeding under this part shall:

(a)  Make reasonable efforts to ascertain the respondent’s wishes;

(b)  Advocate for the respondent’s wishes to the extent reasonably ascertainable; and

(c)  If the respondent’s wishes are not reasonably ascertainable, advocate for the result that is the least restrictive alternative in type, duration, and scope, consistent with the respondent’s interests.

(3)  The court shall appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this part if:

(a)  The parent objects to the entry of an order for a protective arrangement instead of guardianship or conservatorship;

(b)  The court determines that counsel is needed to ensure that consent to the entry of an order for a protective arrangement is informed; or

(c)  The court otherwise determines the parent needs representation.

History:

[15-5-507, added 2026, ch. 79, sec. 7, p. 390.]