The Professional Ethics Committee is asking the Real Property, Probate and Trust Law Section for help addressing a disparity between Bar rule mandates and state statutes on lawyers appointed to represent subjects of emergency temporary guardianships.

The PEC was responding at its October 9 meeting to a request for advice from a Bar member who said emergency temporary guardianship (ETG) hearings happen so quickly that frequently there’s no time to consult with the client after being appointed and sometimes notice to the client isn’t required.

“Under the statute, there’s a provision that allows no notice to the putative ward in an emergency guardianship situation,” Bar Ethics Counsel Elizabeth Tarbert said, adding the law instructs the appointed attorney to act in the potential ward’s best interest.