Texas Health and Safety Code 593.043 – Representation by Counsel; Appointment of Attorney
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(a) The proposed resident shall be represented by an attorney who shall represent the rights and legal interests of the proposed resident without regard to who initiates the proceedings or pays the attorney’s fee.
(b) If the proposed resident cannot afford counsel, the court shall appoint an attorney not later than the 11th day before the date set for the hearing.
Terms Used In Texas Health and Safety Code 593.043
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An attorney appointed under this section is entitled to a reasonable fee. The county in which the proceeding is brought shall pay the attorney’s fee from the county’s general fund.
(d) The parent, if the proposed resident is a minor, or the guardian of the person may be represented by legal counsel during the proceedings.