RSA 464-A:6 · Right to Counsel

464-A:6 Right to Counsel. –

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I.

The right to legal counsel for any person for whom a temporary guardian or guardianship of the person and estate, or person, or estate, is sought shall be absolute and unconditional. If the proposed ward does not have his or her own counsel, the court shall appoint counsel for the proposed ward immediately upon the filing of a petition for guardianship of the person and estate, or the person, or estate. The judicial council shall pay the cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, from funds appropriated for indigent defense pursuant to RSA 604-A. Prior to obtaining investigative, expert, and other services necessary to provide adequate representation, counsel shall apply to the court and, upon finding that such services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the person for whom temporary guardian or guardianship of the person and estate, or person or estate, is sought.

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II.

Appointed counsel shall inform the proposed ward that he or she shall be liable for attorney fees unless he or she is found indigent by the probate court. The appointed counsel for the proposed ward shall be compensated for his or her services at a rate as determined by the New Hampshire supreme court. Source. 1979, 370:1. 1981, 564:4, eff. Aug. 29, 1981. 2021, 207:2, Pt. V, Sec. 2, eff. Oct. 9, 2021.

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