Text: HF02070                           Text: HF02072
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2071

Partial Bill History

Bill Text

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 indigent or, 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 of court appointed court-appointed counsel for
  1 10 indigents shall 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 27    6.  If the court determines that it would be in the ward's
  1 28 best interest to have legal representation with respect to any
  1 29 proceedings in a guardianship, the court may appoint an
  1 30 attorney to represent the ward at the expense of the ward or
  1 31 the ward's estate, or if the ward is indigent the cost of the
  1 32 court appointed attorney shall be assessed against the county
  1 33 in 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 indigent or, 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 of court appointed court-appointed counsel for
  2  8 indigents shall 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 25    6.  If the court determines that it would be in the ward's
  2 26 best interest to have legal representation with respect to any
  2 27 proceedings in a conservatorship, the court may appoint an
  2 28 attorney to represent the ward at the expense of the ward or
  2 29 the ward's estate, or if the ward is indigent the cost of the
  2 30 court appointed attorney shall be assessed against the county
  2 31 in 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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