Right to counsel
Protective services may be provided consensually, but “[i]f the department has reasonable cause to believe that a vulnerable adult or a vulnerable adult in need of services is being abused, neglected, or exploited and is in need of protective services but lacks the capacity to consent to protective services, the department shall petition the court for an order authorizing the provision of protective services.” § 415.1051(1). At the hearing on the petition, which much be held within 14 days of the petition’s filing, the court shall appoint counsel to represent the adult if they are unrepresented. Id. at (c).
In regard to continuing protective services, “[n]o more than 60 days after the date of the order authorizing the provision of protective services, the department shall petition the court to determine” whether there is a need for continued services. Id. at (e). At that time, the court can also determine if there is a need for a guardianship petition. See Legislation, Guardianship/Conservatorship of Adults – Protected Person to read more about the status of the right to counsel in Florida guardianship matters.
