Right to counsel

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Legislation, Adult Protective Proceedings - Protected Person (incomplete)

Services may be provided by consent, but if "an alleged endangered adult does not or is unable to consent to the receipt of protective services ... or withdraws consent previously given, the adult protective services unit ... may petition the court to require the alleged endangered adult to receive protective services." See Ind. Code § 12-10-3-21.  An individual may also petition the court for involuntary services provision, with the consent of the adult protective services unit. Id.


Indigent respondents in involuntary adult protective proceedings are entitled to counsel. Ind. Code § 12-10-3-22 states:


At a hearing at which a court determines whether an endangered adult should be required to receive protective services, the endangered adult is entitled to the following:

(1) To be represented by counsel.
(2) To have the court appoint counsel for the endangered adult if the court determines the endangered adult is indigent.

Appointment of Counsel: categorical Qualified: no