Involuntary admission: Right to counsel; compensation.
1. The person alleged to be mentally retarded or to have a related condition, or any relative or friend acting on his behalf, is entitled to retain counsel to represent him in any proceeding before the district court relating to his involuntary admission to a mental retardation center.
2. If counsel has not been retained, the court, before proceeding, shall advise the person and his guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.
3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent him. If the person is indigent, the counsel appointed may be the public defender.
4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his services. The compensation must be charged against the property of the person for whom he was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be mentally retarded or to have a related condition last resided.
Last modified: February 27, 2006