AI-assisted research summary: This section requires advance service of petition papers and hearing notice, gives the patient a right to consult counsel, and requires the court to appoint counsel if the patient has none.
36-536 - Service of petition, affidavit and notice of hearing; counsel for proposed patient; notice; personal service; guardian 36-536. Service of petition, affidavit and notice of hearing; counsel for proposed patient; notice; personal service; guardian A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in support of the petition and the notice of the hearing shall be served on the patient, who shall be informed of the purpose of the hearing and advised of the patient's right to consult counsel. If the patient has not employed counsel, counsel shall be appointed by the court at least three days before the hearing. If at the time of the petition for evaluation the patient had counsel, the same attorney should, if possible, be appointed to represent the patient at the hearing for court-ordered treatment. B. The notice provisions of this section cannot be waived. C. The notice of the hearing shall fix the time and place for the hearing, which shall be held in the courtroom or other place within the county that the court designates to ensure humane treatment with due regard to the comfort and safety of the patient and others. D. A copy of the petition, affidavits in support of the petition and notice of hearing shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. E. The petitioner shall serve a copy of the petition, affidavits in support of the petition and the notice of the hearing on any guardian identified in the petition. In lieu of personal service, a guardian may provide a written acknowledgment that the guardian has received the documents. The petitioner shall complete service on the guardian at least two calendar days before the hearing on the petition, but failure to serve the guardian is not grounds for dismissing the petition.