Right to counsel

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Legislation, Adult Protective Proceedings - Proposed Ward

Persons subject to an order of protection are also entitled to appointed counsel under the Tennessee Adult Protection Act. Tenn. Code Ann. § 71-6-101 et seq. The purpose of the Tennessee Adult Protection Act is to prevent abuse, neglect or exploitation of adults. If the adult refuses protective services, a court can issue an order of protection if it believes he or she lacks the capacity to consent and is in imminent danger if protective services are not rendered, and during this court proceeding, the adult has the right to be represented by counsel. Tenn. Code Ann. § 71-6-107. The statute adds that if that adult is indigent or lacks the capacity to waive this right to counsel, the court will appoint counsel.

Appointment of Counsel: categorical Qualified: no