No such proceeding

Washington , Legislation , Adult Protective Proceedings - Protected Person

Under the Abuse of Vulnerable Adults chapter, protective services are generally provided consensually.  The applicable statute states:

When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.

Wash. Rev. Code § 74.34.067(7). However, the department may be authorized to bring related proceedings that could compel services without the adult’s consent. For example, if the department believes that services are necessary and the adult “lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship, conservatorship, or other protective proceedings under chapter 11.130 RCW.” Wash. Rev. Code § 74.34.067(5). To learn more about the status of the right to counsel in guardianship and conservatorship matters in Washington state, see Legislation, Guardianship/Conservatorship of Adults – Protected Person.

In addition, the Abuse of Vulnerable Adults incorporates the code section that governs vulnerable adult protection orders. See Wash. Rev. Code § 74.34.110 (“A vulnerable adult, or interested person on behalf of the vulnerable adult, may seek relief from abandonment, abuse, financial exploitation, or neglect, or the threat thereof, by filing a petition for a vulnerable adult protection order under chapter 7.105 RCW.”). In turn, the applicable section of the Civil Protection Orders chapter specifies that the department of social and health services is permitted to file a petition for a protective order on behalf of the vulnerable adult if the vulnerable adult consents. Wash. Rev. Code 7.105.110(1). But if “the department has reason to believe a vulnerable adult lacks the ability or capacity to consent, the department, in its discretion, may seek relief on behalf of the vulnerable adult.” Id. To read more about the status of the right to counsel in these matters, see Domestic Violence – Alleged Victim, Vulnerable adult protection orders filed by department.

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.