No such proceeding

Legislation, Adult Protective Proceedings - Protected Person (incomplete)

No right to counsel was found in the laws governing Adult Protective Services, Ariz. Rev. Stat. Ann. § 46-451 et seq.  However, the section governing the powers and duties of protective services workers state that the worker shall "[o]ffer an adult in need of protective services or his guardian whatever services appear appropriate in view of the evaluation." Ariz. Rev. Stat. Ann. § 46-452(A)(4) (emphasis added).  The word "offer" seems to imply that services can only be provided if the adult or their agent consents to the services. 


Paragraph (A)(5) does specify that protective services workers are authorized to "[f]ile petitions as necessary for the appointment of a guardian or conservator or the appointment of a temporary guardian or temporary conservator or make application for a special visitation warrant as provided for in title 14, chapter 5."  Accordingly, because there seems to be no way to compel an adult to receive services outside of a separate action for guardianship or another protective order, this development is classified as "No such proceeding." 

To learn more about the right to counsel in the guardianship and conservatorship context, see Arizona, Legislation, Guardianship/Conservatorship of Adults - Protected Person.