No right to counsel located

It appears that adult protective services are generally provided on a voluntary basis.  The statute states that the department of public health and human services (“Department”) may “provide voluntary protective services” if a department representative “has reasonable grounds to believe that a vulnerable adult… is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury”. Mont. Code Ann. § 52-3-804(5)(a); see also Mont. Code Ann. § 52-3-203 (declaring that the purpose of the protective services code is “To ensure that vulnerable adults in the state are afforded the opportunity to receive protective services…”) (emphases added).

But if the department believes the adult is incapacitated, it is authorized to provide the following services on an emergency basis:

(i) arrange or facilitate an appropriate emergency protective service placement;

(ii) transport or arrange for the transport of the vulnerable adult to the appropriate placement;

(iii) not later than 2 judicial days following placement of the vulnerable adult, either:

(A) provide voluntary protective services as provided under subsection (3); or

(B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317.

Mont. Code Ann. § 52-3-804(5)(b). No statutory right to counsel was found for adults subject to these emergency proceedings. To learn more about the right to counsel in guardianship matters, see Montana, Legislation, Guardianship/Conservatorship of Adults – Protected Person.