Section 13.9 Attorney for Respondent

• Library: Estate Administration 2014 Supp

3. (§13.9) Attorney for Respondent

Immediately upon the filing of the petition, the court is required to appoint an attorney to represent the respondent in the proceeding. Section 475.075.3, RSMo 2000. The attorney must visit the client before the hearing. Id. If the client is capable of understanding the matter in question or of contributing to the advancement of the client’s interests, the attorney must obtain from the client all possible aid. Id. If the disability of a client compels the attorney to make decisions for the client, the attorney must consider all prevailing circumstances and act with care to safeguard and advance the interests of the client. Id. “The court shall allow a reasonable attorney’s fee for the services rendered, to be taxed as costs of the proceeding. The court-appointed attorney may be permitted to withdraw if the respondent employs private counsel who enters an appearance on behalf of [the respondent].” Id.

Appointed or private counsel must act as an advocate for the respondent. In re Link, 713 S.W.2d 487, 496 (Mo. banc 1986). Link also holds that, unless expressly authorized by the respondent, counsel may not “waive a substantial right of a client who understands the nature...