435.126 - Involuntary admission: Right to counsel; compensation. - Nevada Statutes

435.126  Involuntary admission: Right to counsel; compensation.

      1.  The person alleged to be a person with mental retardation or a person with a related condition, or any relative or friend acting on the person’s behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to a mental retardation center.

      2.  If counsel has not been retained, the court, before proceeding, shall advise the person and the person’s 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 the person. 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 or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with mental retardation or a person with a related condition last resided.

      (Added to NRS by 1981, 1578; A 1999, 2600)