No such proceeding

Colorado , Legislation , Adult Protective Proceedings - Protected Person

It appears that the code governing Protective Services for at-Risk Adults only permits the provision of protective services to consenting adults.  Colo. Rev. Stat. § 26-3.1-104(1) states that protective services shall be immediately provided or arranged for if the “county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof” and the adult provides consent.  

On the other hand, if services are needed but the at-risk adult appears to lack the capacity to consent and does not consent to the services, the county director may petition the court for guardianship or conservatorship of the adult. Id. at (2).  For more information about the right to counsel in guardianship and conservatorship matters in Colorado, see Legislation, Guardianship/Conservatorship of Adults – Protected Person.

Because there is seemingly no procedure to compel an adult to accept services within the Protective Services code, this development is classified as “No such proceeding.”

Appointment of Counsel: No Such Proceeding
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.