(1) The provision of protective services does not create a guardianship or conservatorship relationship between the department and the vulnerable adult.
(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.