Section 81.10. Counsel

(a) Any person for whom relief under this article is sought shall have
  the  right to choose and engage legal counsel of the person's choice. In
  such event, any  attorney  appointed  pursuant  to  this  section  shall
  continue  his or her duties until the court has determined that retained
  counsel  has  been  chosen  freely  and  independently  by  the  alleged
  incapacitated person.
    (b)  If  the  person alleged to be incapacitated is not represented by
  counsel at the time of the issuance of the  order  to  show  cause,  the
  court  evaluator  shall  assist the court in accordance with subdivision
  (c) of section 81.09 of this  article  in  determining  whether  counsel
  should be appointed.
    (c)   The  court  shall  appoint  counsel  in  any  of  the  following
  circumstances  unless  the  court  is   satisfied   that   the   alleged
  incapacitated  person  is  represented  by  counsel  of  his  or her own
  choosing:
    1. the person alleged to be incapacitated requests counsel;
    2. the person alleged  to  be  incapacitated  wishes  to  contest  the
  petition;
    3.  the  person  alleged  to  be incapacitated does not consent to the
  authority requested in the petition to move the  person  alleged  to  be
  incapacitated from where that person presently resides to a nursing home
  or  other residential facility as those terms are defined in section two
  thousand eight hundred one of the public health law,  or  other  similar
  facility;
    4. if the petition alleges that the person is in need of major medical
  or  dental treatment and the person alleged to be incapacitated does not
  consent;
    5. the petition requests  the  appointment  of  a  temporary  guardian
  pursuant to section 81.23 of this article;
    6. the court determines that a possible conflict may exist between the
  court  evaluator's  role and the advocacy needs of the person alleged to
  be incapacitated;
    7. if at any time the court determines  that  appointment  of  counsel
  would be helpful to the resolution of the matter.
    (d)  If  the  person refuses the assistance of counsel, the court may,
  nevertheless, appoint counsel if the court is  not  satisfied  that  the
  person   is  capable  of  making  an  informed  decision  regarding  the
  appointment of counsel.
    (e) The court may appoint as counsel the mental hygiene legal  service
  in the judicial department where the residence is located.
    (f)  The  court  shall  determine  the reasonable compensation for the
  mental hygiene legal service or any attorney appointed pursuant to  this
  section. The person alleged to be incapacitated shall be liable for such
  compensation  unless the court is satisfied that the person is indigent.
  If the petition is dismissed, the court may  in  its  discretion  direct
  that  petitioner  pay  such  compensation  for  the person alleged to be
  incapacitated. When the person alleged to be incapacitated  dies  before
  the  determination  is  made  in  the  proceeding,  the  court may award
  reasonable compensation to the  mental  hygiene  legal  service  or  any
  attorney  appointed  pursuant to this section, payable by the petitioner
  or the estate of the decedent or by both  in  such  proportions  as  the
  court may deem just.
    (g)  If  the  court appoints counsel under this section, the court may
  dispense with the appointment of a court  evaluator  or  may  vacate  or
  suspend the appointment of a previously appointed court evaluator.