Right to counsel

Protective services shall only be provided if the adult consents. See Conn. Gen. Stat. Ann. §§ 17b-453(a) (initiation of services); § 17b-455 (stating that services shall not be provided or continued if the individual does not consent or withdraws their consent); 17b-458 (periodic review of cases; continuation of services is subject to consent provisions).

If the individual does not consent and the commissioner believes they are incapable of managing their own affairs, the commissioner is authorized to file a petition for the appointment of a guardian or conservator under the probate act. See Conn. Gen. Stat. Ann. §  17b-453(a); see also § 17b-455 (the commissioner may seek court authorization to provide necessary services if they believe the elderly person lacks capacity to consent as provided for in 17b-456) and § 17b-456 (“Appointment of conservator for elderly person lacking capacity to consent to protective services”). The individual “shall have the right to bring a motion in the cause for review of the Probate Court’s determination regarding the elderly person’s capacity or an order issued pursuant to sections 17b-450 to 17b-461, inclusive.” Conn. Gen. Stat. Ann. § 17b-456(b).

If the commissioner files a guardianship or conservatorship matter, the right to counsel would attach. See Connecticut, Legislation, Guardianship/Conservatorship of Adults – Protected Person; see also Conn. Gen. Stat. Ann. § 45a-651 (“In any proceeding to appoint the Commissioner of Social Services as conservator, the court shall appoint an attorney to represent the person for whom such commissioner has been appointed conservator if such person is without legal representation.”).  The Protective Services for the Elderly code also explicitly incorporates the right to counsel. See Conn. Gen. Stat. Ann. § 17b-456(d) (“In any proceeding in Probate Court pursuant to the provisions of sections 17b-450 to 17b-461, inclusive, the Probate Court shall appoint an attorney to represent the elderly person if he or she is without other legal representation.”).

So, although there appears to be no procedure for compelling services within the Protective Services for the Elderly code (which might trigger a right to counsel), the Protective Services code does explicitly incorporate the right to counsel for related guardianship and conservatorship matters.  Accordingly, the right to counsel is classified as categorical.