Identical to model rule. ʺWhen a client’s capacity to make adequately considered decisions in connection with a representation is diminished...the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.ʺ KRPC 1.14(a). ʺA client with diminished capacity often has the ability to understand, deliberate upon, and reach conclusions about matters affecting client's own well-being.ʺ Id. at comment 1. ʺThe fact that a client suffers a disability does not diminish the lawyer's obligation to treat the client with attention and respect. Even if the person has a legal representative, the lawyer should as far as possible accord the represented person the status of client, particularly in maintaining communication.ʺ Id. at comment 2. ʺ[T]he lawyer must keep the client’s interests foremost and, except for protective action authorized under paragraph (b), must look to the client, and not family members, to make decisions on the client’s behalf.ʺ Id. at Comment 3. ʺIf a legal representative has already been appointed for the client, the lawyer should ordinarily look to the representative for decisions on behalf of the client.ʺ Id. comment 4.
During the initial guardianship hearing, a jury trial is available upon request. See K.S.A. 59-3063(a)(1). The proposed ward must be given time to meet with the court-appointed attorney at least five days prior to the initial guardianship hearing and before the examination and evaluation of the proposed ward. See K.S.A. 59-3063(a)(4). The court must review guardian’s reports according to explicit factors and based on this review, the court may set up a hearing and require the guardian to appear before the court. See K.S.A. 59-3084(a)-(b). The court may appoint an attorney to represent the ward in this matter and “may require the guardian, and may allow the ward…and other interested persons, to present evidence concerning the actions of the guardian or the recommendations of such persons.” Id.