Express statutory right to counsel only in context of initial guardianship proceedings.“The respondent has the right to be represented by counsel of the respondent's choice. If the respondent is not represented by counsel, the court may appoint legal counsel upon the filing of the petition or at any time prior to the entry of the order upon request of the respondent or the guardian ad litem, if the court determines that counsel is needed to protect the respondent's interest.” Va. Code Ann. § 64.2-2006. But see Va. Code Ann. § 64.2-2012(B) ("Upon the filing of any other petition for restoration, modification, or termination] or upon the motion of the court, and after reasonable notice to the incapacitated person, . . . any attorney of record, [and others] , the court shall hold a hearing"; -2012(D) ("The court may allow reasonable compensation from the estate of the incapacitated person to any guardian ad litem, attorney, or evaluator appointed pursuant to this section.)
VARPC Rule 1.14. "(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. (b) When the lawyer reasonably believes that the client has diminished capcity, is at risk of sbstantial physical, financial, or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client, and in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
- Va. Code Ann. 64.2-2000: http://law.lis.virginia.gov/vacodefull/title64.2/subtitleIV/partD/
- Va. Code Ann. 64.2-2006: http://law.lis.virginia.gov/vacode/title64.2/chapter20/section64.2-2006/
- Va. Code Ann. 64.2-2012: http://law.lis.virginia.gov/vacode/title64.2/chapter20/section64.2-2012/
- Virginia Rule of Professional Conduct 1.14: http://www.vsb.org/pro-guidelines/index.php/rules/client-lawyer-relationship/rule1-14/