Me. Stat. tit. 18-C § 5-507

Current through 131st (2023-2024) Legislature Chapter 684
Section 5-507 - Appointment and role of attorney
1.Appointment of attorney. The court shall appoint an attorney to represent the respondent in a proceeding under this Part if:
A. Requested by the respondent; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
B. Recommended by the visitor; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
C. The court determines that the respondent needs representation; or [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
D. It comes to the court's attention that the respondent wishes to contest any aspect of the proceeding or to seek any limitations on the protective arrangement. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

[2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

2.Attorney's duties. An attorney representing the respondent in a proceeding under this Part shall:
A. Make reasonable efforts to ascertain the respondent's wishes; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
B. Advocate for the respondent's wishes to the extent reasonably ascertainable; and [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
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. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

[2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

3.Attorney for parent of minor. 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 or protective arrangements instead of guardianship or conservatorship; [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
B. The court determines that counsel is needed to ensure that consent to the entry of an order for one or more protective arrangements is informed; or [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]
C. The court otherwise determines the parent needs representation. [2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

[2017, c. 402, Pt. A, §2(NEW); 2019, c. 417, Pt. B, §14(AFF).]

18-C M.R.S. § 5-507

Amended by 2019, c. 417,§ B-14, eff. 6/20/2019.
Added by 2018, c. 402,§ A-2, eff. 7/1/2019.