Montana Code 52-3-207. Protective services not creating guardianship or conservatorship
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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 vulnerable adult.
Terms Used In Montana Code 52-3-207
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-202
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Protective services: means emergency services that are provided in a coordinated effort by the department to a vulnerable adult in order to prevent or terminate the abuse, neglect, exploitation, intimidation, or abandonment of the vulnerable adult. See Montana Code 52-3-202
- Vulnerable adult: has the meaning provided for in 52-3-803. See Montana Code 52-3-202
(2)The department may not provide protective services that impose a legal limitation or restriction on a vulnerable adult:
(a)except emergency protective services provided under 52-3-804; or
(b)unless the department has been appointed legal guardian for the vulnerable adult under the provisions of Title 72, chapter 5, part 3.