No such proceeding

Legislation, Adult Protective Proceedings - Protected Person (incomplete)

Although no right to counsel was located, see Idaho Code § 39-5301 et seq.it appears that adult protective services may only be provided to a consenting adult. 

 

Section 39-5306(3) provides, "If the vulnerable adult does not consent to the receipt of reasonable and necessary supportive services, or if the vulnerable adult withdraws consent, services shall not be provided or continued." See also IDAPA 15.01.02.031 ("In substantiated cases of self-neglect, the Provider shall initiate appropriate referrals for supportive services with the consent of the vulnerable adult or his legal representative."); see also IDAPA 15.01.02.032(01)(b) (permitting Provider to close substantiated case of self-neglect if adult refuses to consent to receive services).

 

However, the statute permits the commission or provider to initiate certain protective proceedings:

 

If the commission or provider determines that a vulnerable adult is an incapacitated person as defined in section 15-5-101(a), Idaho Code, mentally ill as defined in section 66-317, Idaho Code, or developmentally disabled as defined in section 66-402, Idaho Code, the commission or provider may petition the court for protective proceedings, appointment of a guardian or conservator and such other relief as may be provided by chapter 5, title 15, Idaho Code, and chapters 3 and 4, title 66, Idaho Code." § 39-5306(4). 

 

Adults in such matters have the right to counsel. See Idaho, Legislation, Guardianship/Conservatorship of Adults - Protected Person to learn more.