Sec. 646. APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER    


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  • (a) In a proceeding under this chapter for the appointment of a guardian, the court shall appoint an attorney ad litem to represent the interests of the proposed ward. The attorney shall be supplied with copies of all of the current records in the case and may have access to all of the proposed ward's relevant medical, psychological, and intellectual testing records.

    (b) To be eligible for appointment as an attorney ad litem, a person must have the certification required by Section 647A of this code.

    (c) A person whose certificate has expired must obtain a new certificate to be eligible for appointment as an attorney ad litem.

    (d) At the time of the appointment of the attorney ad litem, the court shall also appoint a language interpreter or a sign interpreter if necessary to ensure effective communication between the proposed ward and the attorney.

    (e) The term of appointment of an attorney ad litem appointed under this section expires, without a court order, on the date the court appoints a guardian in accordance with Section 693 of this code, appoints a successor guardian, or denies the application for appointment of a guardian, unless the court determines that the continued appointment of the attorney ad litem is in the ward's best interest.

    (f) The term of appointment of an attorney ad litem appointed under this section continues after the court appoints a temporary guardian under Section 875 of this code unless a court order provides for the termination or expiration of the attorney ad litem's appointment.

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 22, 74, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 379, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 614 , Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 823 , Sec. 3.02, eff. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. 1085 , Sec. 15, eff. September 1, 2011.