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Current as of January 01, 2025 | Updated by Findlaw Staff
1. Attorney for respondent. The court shall appoint an attorney to represent a respondent in a proceeding on a petition under section 5-402 if:
A. Requested by the respondent;
B. Recommended by the visitor;
C. The court determines that the respondent needs representation; or
D. It comes to the court's attention that the respondent wishes to contest any aspect of the proceeding or to seek any limitation on the proposed conservator's powers.
2. Duties of attorney. The attorney representing the respondent in a proceeding on a petition under section 5-402 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 option in type, duration and scope, consistent with the respondent's interests.
3. Attorney for parent of minor. The court may appoint an attorney to represent a parent of a minor who is the subject of a proceeding on a petition under section 5-402 if:
A. The parent objects to appointment of a conservator;
B. The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or
C. The court otherwise determines the parent needs representation.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 5-406. Appointment and role of attorney - last updated January 01, 2025 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-5-406/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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