My daughter was arrested

If your daughter entered into a diversion program and doesn't want in it, she can decline to participate -- and most likely will be thrown out of the program.  However, some deferred prosecution agreements state the person's case will return to the court system for further prosecution.  Other deferred prosecution agreements may have a clause that if she fails to satisfactorily complete the program, she will agree to some criminal disposition.  I have no idea what your daughter's agreement entails.  I caution you not to try to figure it out on your own -- but, instead to contact an attorney (but the Public Defender cannot be appointed to help you decipher and understand the agreement at this point).   CAUTION!  You've heard the saying, "Be careful what you ask for because you just might get it."  I think that warning applies to your daughter's case.  Even though you and/or your daughter did not see the need to consult with an attorney previously regarding the criminal case, I suggest you retain one now to help you understand whether the deferred prosecution program is in your daughter's best interest.  Failure to do so, could potentially be damaging to your daughter. You mention your daughter's disability.  However, that may not have any impact on the disposition of her case unless she has been found to be incompetent and remains incompetent.  The fact that you have a POA has no significance in regard to how she proceeded in her criminal case unless she previously was legally determined to be incompetent and remains incompetent.  If she was declared legally incompetent, and remained so at the time of the disposition of her criminal case, it is possible to undo what has been done.  However, again, I urge you to fully discuss that with an attorney before taking any action.