No right to counsel located

Protective services are provided voluntarily absent court order. See Utah Code § 26B-6-214.  The vulnerable adult or their guardian or conservator may consent, assuming the guardian or conservator have such authority. Id. at (2).  If consent is withdrawn, any investigation or services must be stopped. Id.  But if a vulnerable adult does not consent or lacks the capacity to consent, the department may pursue emergency authorization to provide services under Section 26B-6-217. Id. at (3); see also Utah Code § 26B-6-217.

Emergency protective services may be authorized by court order even without notice to the adult in the event of an emergency. Utah Code § 26B-6-217(2).  The court is permitted to authorize a variety of services through an emergency order, including hospitalization, nursing, custodial care, or a change in residence. Id. at (4).  An emergency order may remain in effect for up to five business days after its entry, “unless an appropriate party petitions for temporary guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency services order.” Id. at (5). No statutory right to counsel was found in the adult protective services code.

To read more about the right to counsel in Utah for adults subject to guardianship matters, see Utah, Legislation, Guardianship/Conservatorship of Adults – Protected Person.