Section 14.16 Entry by Private Counsel on Behalf of Respondent

LibraryEstate Administration 2014 Supp

F. (§14.16) Entry by Private Counsel on Behalf of Respondent

After listing several mandatory duties for court-appointed attorneys, § 475.075.3, RSMo 2000 (emphasis added), states, “The court-appointed attorney may be permitted to withdraw if the respondent employs private counsel who enters an appearance on behalf of said person.” This sentence grants the probate division discretion to permit the private attorney to represent the protectee. In re Link, 713 S.W.2d 487, 497 (Mo. banc 1986). Later court cases have established guidelines for the use of this discretion. Before permitting...

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