No such proceeding

Legislation, Adult Protective Proceedings - Protected Person (incomplete)

The Disabled Adults and Elder Persons Protection Act, Ga. Code Ann. § 30-5-1 et seq., allows "persons having reasonable cause to believe that a disabled adult or elder person has been the victim of abuse, other than by accidental means, or has been neglected or exploited" to report the abuse to an adult protection agency. Ga. Code Ann. § 30-5-4.  If an investigation shows that protective services are needed, "the director shall immediately provide or arrange for protective services for any disabled adult or elder person who consents thereto." Ga. Code Ann. § 30-5-5(c).


Although no right to counsel for the proposed protected person could be located in the Act, see e.g., Ga. Code Ann. § 30-5-5(g) ("Nothing in this Code section shall authorize the payment of attorney's fees for any hearing conducted under this Code section."), the department may not provide protective services "to any person who does not consent to such services or who, having consented, withdraws such consent." Ga. Code Ann. § 30-5-5(e). 


If consent is withdrawn or withheld and the department determines services are needed, it may petition "for the appointment of a guardian for a disabled adult or elder person pursuant to Chapters 4 [Guardians of Adults] and 5 [Conservators of Adults] of Title 29." See Ga. Code Ann. § 30-5-5(e).  Individuals subject to guardianship establishment and review proceedings under Chapter 4 of Title 29 have the right to counsel, as do proposed protected persons subject to conservatorships.  For more, see Legislation, Guardianship/Conservatorship of Adults - Protected Person.