2002 Minnesota Statutes

     525.5501 Right to counsel. 

    Subdivision 1.    General.  A proposed ward or 
 conservatee has the right to be represented by counsel at any 
 proceeding under this chapter.  The court shall appoint counsel 
 to represent the proposed ward or conservatee for the initial 
 proceeding held pursuant to section 525.551 if neither the 
 proposed ward or conservatee nor others provide counsel unless 
 in a meeting with a visitor the proposed ward or conservatee 
 specifically waives the right to counsel.  Counsel must be 
 appointed immediately after any petition under this chapter is 
 served under section 525.55. 

    Counsel has the full right of subpoena.  In all proceedings 
 under this chapter, counsel shall: 

    (1) consult with the proposed ward or proposed conservatee 
 before any hearing; 

    (2) be given adequate time to prepare for all hearings; and 

    (3) continue to represent the person throughout any 
 proceedings under section 525.551 unless released as counsel by 
 the court. 

    The court need not appoint counsel to represent the 
 proposed ward or conservatee on a voluntary petition and the 
 court may remove a court-appointed attorney at any time if the 
 court finds that the proposed ward or conservatee has made a 
 knowing and intelligent waiver of the right to counsel or has 
 obtained private counsel. 

    Subd. 2.    Filing fee surcharge.  A person who pays a 
 filing fee for a petition or application under this chapter and 
 chapter 524 shall pay a surcharge of $20, in addition to the 
 filing fee and other surcharges imposed by law.  The court 
 administrator shall transmit the surcharge to the county 
 treasurer for deposit in the county treasury. 

    Subd. 3.    Payment of counsel.  A proposed ward or 
 conservatee shall pay the costs of counsel out of assets of, or 
 available to, the ward or conservatee.  If the proposed ward or 
 conservatee is indigent, the costs of counsel shall be paid by 
 the county from amounts deposited in the county treasury under 
 subdivision 2. 

    Subd. 4.    Exclusion.  This section does not apply in 
 the counties that make up the eighth judicial district. 

    HIST: 1990 c 578 s 1; 1991 c 281 s 3