Sec. 45a-649a. Right to an attorney re involuntary representation. Fees. Indigency. Attorney duties and access to information.
Sec. 45a-649a. Right to an attorney re involuntary representation. Fees. Indigency. Attorney duties and access to information. (a) A respondent, as defined in
section 45a-644, or a conserved person, as defined in section 45a-644, who is subject
to proceedings subsequent to the appointment of a conservator pursuant to an application
for involuntary representation shall have the right to be represented by an attorney of
the respondent's or conserved person's choosing at the expense of the respondent or
conserved person or, if the respondent or conserved person is indigent, within the payment guidelines of the Court of Probate.
(b) If the Court of Probate finds the respondent or conserved person is indigent
or otherwise unable to pay for an attorney, the court shall appoint an attorney for the
respondent or conserved person unless the respondent or conserved person refuses to
be represented by an attorney and the court finds that the respondent or conserved person
understands the nature of the refusal. The court shall appoint an attorney from a panel of
attorneys admitted to practice in this state provided by the Probate Court Administrator in
accordance with regulations issued under section 45a-77.
(c) An attorney appointed pursuant to this section shall represent the respondent or
conserved person in proceedings under sections 45a-644 to 45a-663, inclusive, and shall
consult with the conserved person regarding bringing an appeal to the Superior Court
under section 45a-186. Upon the request of the conserved person, the attorney for the
conserved person shall assist in the filing and commencing of an appeal to the Superior
Court. An attorney's assistance in filing such an appeal shall not obligate the attorney
to appear in or prosecute the appeal. A conservator may not deny the conserved person
access to the person's resources needed for an appeal.
(d) Nothing in this section shall impair, limit or diminish the right of a respondent
or conserved person to replace the attorney for such respondent or conserved person
with a different attorney whom such respondent or conserved person chooses in accordance with this section. Fees of an attorney chosen by the respondent or conserved person
shall be approved by the Court of Probate or, if an appeal is taken, by the Superior Court.
(e) If the respondent or conserved person is indigent, an attorney appointed under
this section shall be paid a reasonable rate of compensation. Rates of compensation
for such appointed attorneys shall be established by the Office of the Probate Court
Administrator. Such compensation shall be paid from funds appropriated to the Judicial
Department. If funds have not been included in the budget of the Judicial Department for
such purposes, such compensation shall be paid from the Probate Court Administration
Fund.
(f) An attorney representing a respondent or conserved person subject to proceedings under this chapter shall not accept appointment as guardian ad litem or conservator
of the person or estate for the same person unless such attorney has been nominated by
the respondent or conserved person pursuant to section 45a-645, or similar instrument,
including, but not limited to, a trust or an advance directive pursuant to section 19a-580e,
or section 19a-580g, or is nominated by the respondent or conserved person pursuant to
section 45a-650.
(g) An attorney for the respondent or conserved person, on presentation of proof
of authority, shall have access to all information pertinent to proceedings under this
title, including immediate access to medical records available to the respondent's or
conserved person's treating physician.
(P.A. 07-116, S. 15.)