Right to counsel

Iowa , Legislation , Adult Protective Proceedings - Protected Person

There is a right to counsel for the subject of an adult protective proceeding. Iowa Code § 235B.3(10)(c) (“In every case involving abuse which is substantiated by the department and which results in a judicial proceeding on behalf of the dependent adult, legal counsel shall be appointed by the court to represent the dependent adult in the proceedings.”).  The court may also appoint a guardian ad litem if necessary, and the guardian ad litem an attorney  may be the same person. Id.  Prior to appointment, a financial statement must be completed under oath. Id. 

In regards to payment for appointed counsel, the statute states, “In cases where the dependent adult or the legally responsible person is unable to bear the cost of the legal counsel or guardian ad litem, the expense shall be paid by the county.

Appointment of Counsel: Yes
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.