Text: HF02070 Text: HF02072 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 633.561, subsections 3 and 6, Code 1 2 1999, are amended to read as follows: 1 3 3. a. If the proposed ward is entitled to representation 1 4 and is indigentor, incapable of requesting counsel, or the 1 5 court determines that it would be in the best interest of the 1 6 ward to have legal representation with respect to any 1 7 proceedings in the guardianship, the court shall appoint an 1 8 attorney to represent the proposed ward. 1 9 b. The cost ofcourt appointedcourt-appointed counselfor1 10indigentsshall be assessed as follows: 1 11 (1) If the proposed ward is a minor and has an estate, or 1 12 is not a minor, the costs of counsel may be assessed to the 1 13 ward at the expense of the ward or the ward's estate. 1 14 (2) If the proposed ward is a minor and has no estate, the 1 15 cost of court-appointed counsel shall be assessed to the 1 16 parents or guardian. 1 17 (3) If the parents or guardian is determined to be 1 18 indigent according to the standard set forth in paragraph "c", 1 19 the cost of court-appointed counsel shall be assessed against 1 20 the county in which the proceedings are pending. 1 21 c. For the purposes of this subsection, the court shall 1 22 find a person is indigent if the person's income and resources 1 23 do not exceed one hundred fifty percent of the federal poverty 1 24 level or the person would be unable to pay such costs without 1 25 prejudicing the person's financial ability to provide economic 1 26 necessities for the person or the person's dependents. 1 276. If the court determines that it would be in the ward's1 28best interest to have legal representation with respect to any1 29proceedings in a guardianship, the court may appoint an1 30attorney to represent the ward at the expense of the ward or1 31the ward's estate, or if the ward is indigent the cost of the1 32court appointed attorney shall be assessed against the county1 33in which the proceedings are pending.1 34 Sec. 2. Section 633.575, subsections 3 and 6, Code 1999, 1 35 are amended to read as follows: 2 1 3. a. If the proposed ward is entitled to representation 2 2 and is indigentor, incapable of requesting counsel, or the 2 3 court determines that it would be in the best interest of the 2 4 ward to have legal representation with respect to any 2 5 proceedings in the conservatorship, the court shall appoint an 2 6 attorney to represent the proposed ward. 2 7 b. The cost ofcourt appointedcourt-appointed counselfor2 8indigentsshall be assessed as follows: 2 9 (1) If the proposed ward is a minor and has an estate, or 2 10 is not a minor, the costs of counsel may be assessed to the 2 11 ward at the expense of the ward or the ward's estate. 2 12 (2) If the proposed ward is a minor and has no estate, the 2 13 cost of court-appointed counsel shall be assessed to the 2 14 parents or guardian. 2 15 (3) If the parents or guardian is determined to be 2 16 indigent according to the standard set forth in paragraph "c", 2 17 the cost of court-appointed counsel shall be assessed against 2 18 the county in which the proceedings are pending. 2 19 c. For the purposes of this subsection, the court may find 2 20 a person is indigent if the person's income and resources do 2 21 not exceed one hundred fifty percent of the federal poverty 2 22 level or the person would be unable to pay such costs without 2 23 prejudicing the person's financial ability to provide economic 2 24 necessities for the person or the person's dependents. 2 256. If the court determines that it would be in the ward's2 26best interest to have legal representation with respect to any2 27proceedings in a conservatorship, the court may appoint an2 28attorney to represent the ward at the expense of the ward or2 29the ward's estate, or if the ward is indigent the cost of the2 30court appointed attorney shall be assessed against the county2 31in which the proceedings are pending.2 32 EXPLANATION 2 33 This bill makes the same amendment to two Code sections 2 34 pertaining to payment of counsel when counsel is court 2 35 appointed in a guardianship or conservatorship proceeding. 3 1 The statutes currently have two subsections dealing with 3 2 appointment of counsel, and essentially provide that the 3 3 county will pay for all court-appointed counsel. The bill 3 4 combines and harmonizes the subsections on appointment of 3 5 counsel, and specifies that court-appointed counsel in such 3 6 proceedings shall be paid for by the ward or ward's estate if 3 7 able, or by the parents or guardian if there is no estate, or 3 8 shall be paid for by the county if the parent or guardian is 3 9 determined to be indigent. 3 10 LSB 5404YH 78 3 11 jj/gg/8.1
Text: HF02070 Text: HF02072 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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