Right to counsel
The Adult Protective Services article defines an “endangered adult” as follows:
(a) “endangered adult” means a person, age eighteen or over who is:
(i) in a situation or condition which poses an imminent risk of death or imminent risk of serious physical harm to him or her, and
(ii) lacking capacity to comprehend the nature and consequences of remaining in that situation or condition, provided that:
a. refusal by the adult to accept protective services shall not in itself be sufficient evidence of such lack of capacity; and
b. mental illness shall not in itself be sufficient evidence of such lack of capacity.
N.Y. Soc. Servs. § 473-a(1). In other words, like in many other states, protective services are provided consensually unless the adult lacks the capacity to consent.
A social services official may initiate “[a] special proceeding to obtain an order authorizing the provision of short-term involuntary protective services.”. Id. at (4). Notice to the respondent must inform them that they are “entitled to counsel at all stages of the proceeding” and “that upon granting the order to show cause, the court shall assign counsel to assist the respondent…” Id. at (5).
