Right to counsel

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Legislation, Adult Protective Proceedings - Proposed Ward

There is a right to appointed counsel in proceedings under the Adult Maltreatment Custody Act to commit custody of a person to the state. In Adams v. Ark. Health and Human Services, 375 Ark. 402, 405, 408 (Ark. 2009), the court held that this statutory right extends to appeals.  See also Ark. Code Ann. § 9-20-109(d) (“The court shall immediately appoint the Arkansas Public Defender Commission to represent the maltreated adult if: (1)  There is reasonable cause to believe the maltreated adult is indigent; or (2)  The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined.”)

Cite: Ark. Code Ann. ยง 9-20-116

Appointment of Counsel: categorical Qualified: no