Right to counsel
According to Del. Code. tit. 31 § 3909(a), an adult in need of protective services must be present at the hearing on a petition for involuntary services “unless the person has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the individual cannot be present without endangering the individual’s welfare. Waiver or incapacity may not be presumed from nonappearance…”
Regardless of whether the individual is present at the hearing, they have the right to counsel, and the court shall appoint counsel “[i]f the individual is indigent or lacks the capacity to waive counsel[.]” Id. If the respondent is indigent, the “reasonable attorney’s fees, such as are customarily charged by attorneys in this State for comparable services[,]” shall be paid from the budget of the Division of Services for Aging and Adults with Physical Disabilities “[t]o the extent that funding for this purpose is budgeted and available[.]” Id.
