Right to attorney ad litem

Key_development Question_mark

Legislation, Adult Protective Proceedings - Protected Person (incomplete)

Generally, an elderly or disabled person must consent to receive protective services unless the individual lacks the capacity to consent, in which case the department may petition the court for an emergency order authorizing protective services. See Tex. Hum. Res. § 48.203(d) ("Except as provided by Section 48.208 [Emergency Order for Protective Services], if an elderly person or person with a disability withdraws from or refuses consent to voluntary protective services, the services may not be provided.").  


In any emergency proceeding brought pursuant to Section 48.208, the adult respondent has a right to an attorney ad litem. Tex. Hum. Res. § 48.208(g).  Because the court appoints an attorney ad litem rather than client-directed counsel, the right to counsel is classified as "qualified."


Appointment of Counsel: categorical Qualified: yes