No right to counsel located

The state department of family services may provide protective services to adults in need if the adult consents to receipt of the services. See Wyo. Stat. Ann. § 35-20-105. The adult is required to consent, but if the adult lacks the ability to consent, a designated agent or even a family member can consent on the adult’s behalf. Id. at (a)-(b).

But if an emergency exists and the department has reasonable cause to believe that a vulnerable adult is suffering but lacks the capacity to consent, “the department, through the attorney general or the district attorney, may petition the court for an order for emergency protective services.” Wyo. Stat. Ann. § 35-20-107(a). The adult is entitled to notice at least 24 hours in advance of the hearing on the petition, unless a court finds that notice would lead to “immediate or reasonably foreseeable physical harm”. Id. at (b). The court may order that services be provided on an emergency basis, and the scope of services must be proportional to scope necessary to remove the emergency. Id. at (c). The court order for the emergency services remains in effect for a period of up to 14 days but may be extended for an additional 30-day period if necessary to remove the emergency.

The code refers in a several locations to a “court appointed represented” or “guardian ad litem,” but no statutory provision requiring the appointment of counsel or a guardian ad litem (GAL) was located. For example, the law specifies that, “[t]he vulnerable adult, his agent, his court appointed representative or the department, through the attorney general or the district attorney, may petition the court to set aside or modify the order at any time.” Id. at (c). The provision regarding consent specifies that, in addition to the adult’s agent or family member, a guardian ad litem may consent on the adult’s behalf to the protective services. Wyo. Stat. Ann. § 35-20-105(b). And the section regarding payment for the services rendered provides that “[c]osts incurred to furnish protective services, including but not limited to fees for the services of a guardian ad litem, guardian or conservator, may be paid by the department”. Wyo. Stat. Ann. § 35-20-105(c) (emphasis added). This is true unless“[a] court appoints a guardian ad litem, guardian or conservator and orders that the costs be paid from the vulnerable adult’s estate.” Id. at (c). Further, neither the Wyoming Code of Civil Procedure, Wyo. Stat. Ann. § 1–1–101 to § 1–43–104, nor the Uniform Rules for the District Courts of the State of Wyoming mentioned anything about the appointment of counsel or a GAL in adult protective matters or for “vulnerable” or “incompetent” adults generally. Accordingly, this development is classified as “does not affect”, meaning the law seems to be silent about the right to counsel in these cases.