52-3-207. Protective services not creating guardianship or conservatorship. (1) The provision of protective services does not create a guardianship or conservatorship relationship between the department and the aged person or disabled adult unless a guardianship or conservatorship is created in accordance with the requirements of Title 72, chapter 5, part 3 or 4.
     (2) The department may not provide protective services that impose a legal limitation or restriction on an aged person or a disabled adult:
     (a) except emergency protective services provided under 52-3-804; or
     (b) unless the department has been appointed legal guardian or conservator for that person under the provisions of Title 72, chapter 5, part 3 or 4.

     History: En. Sec. 7, Ch. 343, L. 1981; Sec. 53-5-207, MCA 1989; redes. 52-3-207 by Code Commissioner, 1991; amd. Sec. 2, Ch. 465, L. 1995.