No right to counsel found

Services may be provided voluntarily or through “appropriate court action,” but no right to counsel was located.  The New Hampshire Protective Services of Adults statute defines “Protective Services” as follows:

services and action which will, through voluntary agreement or through appropriate court action, prevent neglect, abuse or exploitation of vulnerable adults.  Such services shall include, but not be limited to, supervision, guidance, counseling and, when necessary, assistance in the securing of nonhazardous living accommodations, and mental and physical examinations.

N.H. Rev. Stat. Ann. § 161-F:43(I) (emphasis added).  Specifically, Section 161-F:54 permits the court “to order a proposed ward to submit to a medical or psychiatric examination to be completed within 30 days by a licensed psychologist, licensed psychiatrist or physician, or local community mental health center.”
Although the section states that the adult may object to the examination, and the court must hold a hearing to consider the objection, no right to counsel was found for objecting adults. See N.H. Rev. Stat. Ann. § 161-F:54.

The statute provides, “If all other remedies are exhausted, the commissioner or his authorized representative may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any adult who is in need of protective services.” N.H. Rev. Stat. Ann. § 161-F:52.  For more information about the right to counsel for adults in guardianship matters, please see New Hampshire, Legislation, Guardianship/Conservatorship of Adults – Protected Person.