455 Ind. Admin. Code 1-2-11

Current through November 6, 2024

Section 455 IAC 1-2-11 - Rights of the alleged endangered adult

Authority: IC 12-9.1-2-3

Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13

Sec. 11.

(a) Requirements for a right to counsel shall be as follows:

(1) At any time, a person who may be designated an endangered adult has the right to secure legal counsel; either a private attorney or if eligible, a legal services attorney.

(2) If the endangered adult does not consent or has withdrawn consent to receive protective services and a petition has been filed in probate court, the endangered adult is entitled:

(A) to be represented by counsel; and

(B) to have the court appoint counsel if said endangered adult is determined to be indigent.

(3) If the endangered adult is receiving protective services and an individual interferes with the provision of those services, the endangered adult is entitled to be represented by the prosecuting attorney's office in obtaining an order to enjoin the interference with the delivery of the service.

(b) The endangered adult has the right to protective services that offer the least restrictive alternative.

(c) The endangered adult has the right to privacy and confidentiality, within the boundaries of IC 12-10-3.

(d) The protective services plan must take into account, to the extent feasible, the expressed preferences of the endangered adult.

(e) A competent adult, even though endangered, has the right to refuse protective services. However, the APS unit should make every effort to fully inform the endangered adult of the benefits available from protective services, and of the problems which could be exacerbated if protective services were refused.

(f) The endangered adult has the right to have court-ordered protective services reviewed by the court once every six (6) months.

455 IAC 1-2-11

Division of Aging; 455 IAC 1-2-11; filed Oct 30, 1985, 10:48 a.m.: 9 IR 481; readopted filed Nov 14, 2001, 4:47 p.m.: 25 IR 1281; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA

Readopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA

Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-11) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-11) by P.L. 41-1987, SECTION 23, effective July 1, 1987.

Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-11) to the Division of Aging ( 455 IAC 1-2-11) by P.L. 153-2011, SECTION 21, effective July 1, 2011.