reglab/housing_qa huggingface dataset:
MT Code § 72-5-428 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-428. Distributive powers and duties of conservator generally

  72-5-428. Distributive powers and duties of conservator generally. (1) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles:   (a) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations actually furnishing support, education, or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian is deriving personal financial benefit, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person.   (b) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected person with due regard to:   (i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to manage the person's affairs and the estate that has been conserved for the person;   (ii) the accustomed standard of living of the protected person and members of the person's household;   (iii) other funds or sources used for the support of the protected person.   (c) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person's household who are unable to support themselves and who are in need of support.   (d) Funds expended under this subsection (1) may be paid by the conservator to any person, including the protected person, to reimburse the person for expenditures that the conservator might have made or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and when advance payments are customary or reasonably necessary under the circumstances.   (2) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make in amounts that do not exceed in total for any year 20% of the income from the estate.   History: En. 91A-5-425 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-425(1), (2); amd. Sec. 2429, Ch. 56, L. 2009.
MT Code § 72-5-429 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-429. Distribution upon attainment of majority, termination of disability, or death of protected person

  72-5-429. Distribution upon attainment of majority, termination of disability, or death of protected person. (1) When a minor who has not been adjudged disabled under 72-5-409(2) attains majority, the minor's conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.   (2) When the conservator is satisfied that a protected person's disability, other than minority, has ceased, the conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible.   (3) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person that may have come into the conservator's possession, inform the executor or a beneficiary named in the will that the conservator has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled to the estate. If after 40 days from the death of the protected person no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative so that the conservator may proceed to administer and distribute the decedent's estate without additional or further appointment. Upon application for an order granting the powers of a personal representative to a conservator and after notice to any person demanding notice under 72-3-106 and to any person nominated executor in any will of which the applicant is aware, the court may order the conferral of the power upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section has the effect of an order of appointment of a personal representative as provided in 72-3-222, 72-3-223(1), and parts 5 through 10 of chapter 3, except that the estate in the name of the conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the conservator as personal representative.   History: En. 91A-5-425 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-425(3) thru (5); amd. Sec. 2430, Ch. 56, L. 2009.
MT Code § 72-5-430 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-430. Enlargement or limitation of powers of conservator by court

  72-5-430. Enlargement or limitation of powers of conservator by court. (1) Subject to the restrictions in 72-5-421(4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on the conservator by 72-5-427, 72-5-428, and 72-5-429, any power that the court itself could exercise under 72-5-421(2) and (3).   (2) The court may, at the time of appointment or later, limit the powers of a conservator conferred by the court and may at any time relieve the conservator of any limitation. If the court limits any power conferred on the conservator by 72-5-427, 72-5-428, or 72-5-429, the limitation must be endorsed upon the conservator's letters of appointment.   History: En. 91A-5-426 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-426; amd. Sec. 2431, Ch. 56, L. 2009.
MT Code § 72-5-431 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-431. Preservation of estate plan -- right to inspect will

  72-5-431. Preservation of estate plan -- right to inspect will. In investing the estate and in selecting assets of the estate for distribution under 72-5-428 and in utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the protected person's will, any revocable trust of which the protected person is settlor, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the protected person's death to another or others that the protected person may have originated. The conservator may examine the will of the protected person.   History: En. 91A-5-427 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-427; amd. Sec. 2432, Ch. 56, L. 2009.
MT Code § 72-5-432 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-432. Compensation and expenses

  72-5-432. Compensation and expenses. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.   History: En. 91A-5-414 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-414.
MT Code § 72-5-433 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-433. Claims against protected person -- presentment, allowance, and payment -- priorities

  72-5-433. Claims against protected person -- presentment, allowance, and payment -- priorities. (1) A conservator shall pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:   (a) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.   (b) The claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator.   (2) A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within 60 days after its presentation. A claim is considered presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance.   (3) A claimant whose claim has not been paid may petition the court for determination of the claim at any time before it is barred by the applicable statute of limitation and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person after the appointment, the moving party shall give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate.   (4) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference must be given to prior claims for the care, maintenance, and education of the protected person or the protected person's dependents and existing claims for expenses of administration.   History: En. 91A-5-428 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-428; amd. Sec. 2433, Ch. 56, L. 2009.
MT Code § 72-5-434 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-434. Transaction involving conflict of interest -- voidable -- exceptions

  72-5-434. Transaction involving conflict of interest -- voidable -- exceptions. Any sale or encumbrance to a conservator, to the conservator's spouse, agent, or attorney, or to any corporation or trust in which the conservator has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.   History: En. 91A-5-422 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-422; amd. Sec. 2434, Ch. 56, L. 2009.
MT Code § 72-5-435 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-435. Persons dealing with conservator -- protection

  72-5-435. Persons dealing with conservator -- protection. (1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in 72-5-421 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators that are endorsed on letters as provided in 72-5-430 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.   (2) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or laws simplifying transfers of securities by fiduciaries.   (3) The protection under this section is not a substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.   History: En. 91A-5-423 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-423; amd. Sec. 23, Ch. 582, L. 1989; amd. Sec. 2435, Ch. 56, L. 2009.
MT Code § 72-5-436 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-436. Claims arising during conservatorship -- individual liability of conservator

  72-5-436. Claims arising during conservatorship -- individual liability of conservator. (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.   (2) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.   (3) Claims based on contracts entered into by a conservator in a fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable.   (4) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding or action.   History: En. 91A-5-429 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-429; amd. Sec. 2436, Ch. 56, L. 2009.
MT Code § 72-5-437 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-437. Termination of conservatorship

  72-5-437. Termination of conservatorship. The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to the former protected person's successors, subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or the former protected person's successors to evidence the transfer.   History: En. 91A-5-430 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-430; amd. Sec. 2437, Ch. 56, L. 2009.
MT Code § 72-5-438 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-438. Accounts -- final and intermediate

  72-5-438. Accounts -- final and intermediate. (1) Each conservator shall account to the court for administration of the trust not less than annually, unless the court directs otherwise, upon resignation or removal, and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator shall account to the court or to the formerly protected person or the successors of that person.   (2) Subject to appeal or vacation within the time permitted, an order, after notice and hearing, allowing an intermediate account of a conservator adjudicates as to liabilities concerning the matters considered in connection with the hearing; and an order, following notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.   (3) In connection with any account, the court may require a conservator to submit to a physical check of the estate, to be made in any manner the court specifies.   History: En. 91A-5-419 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-419; amd. Sec. 2, Ch. 401, L. 1983; amd. Sec. 22, Ch. 582, L. 1989.
MT Code § 72-5-439 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings

  72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings. (1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator's, guardian's, or fiduciary's appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator's, guardian's, or fiduciary's behalf stating that:   (a) no protective proceeding relating to the protected person is pending in this state; and   (b) the foreign conservator is entitled to payment or to receive delivery.   (2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.   History: En. 91A-5-431 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-431; amd. Sec. 2438, Ch. 56, L. 2009.
MT Code § 72-5-440 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-440. through 72-5-443 reserved

  72-5-440 through 72-5-443 reserved.
MT Code § 72-5-445 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-445. Notice of hearing

  72-5-445. Notice of hearing. Notice of the hearing of the petition must be given, regardless of age, for the period and in the manner provided by 72-1-301 to all of the following:   (1) the persons required to be named in a petition for the appointment of a conservator;   (2) so far as is known to the petitioner, beneficiaries under any document executed by the protected person that may have testamentary effect unless the court for good cause dispenses with such notice;   (3) if the proposed action involves a trust, to all persons entitled to receive notice with respect to such an action under Title 72, chapter 38;   (4) so far as is known to the petitioner, the persons who, if the protected person were to die immediately, would be the protected person's heirs under the laws of intestate succession unless the court for good cause dispenses with the notice; and   (5) other persons as the court may order.   History: En. Sec. 134, Ch. 264, L. 2013.
MT Code § 72-5-446 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-446. Consent or lack of capacity of protected person -- adequate provision for protected person and dependents

  72-5-446. Consent or lack of capacity of protected person -- adequate provision for protected person and dependents. The court may make an order authorizing or requiring the proposed action under 72-5-444 through 72-5-450 only if the court determines all of the following:   (1) the protected person either:   (a) is not opposed to the proposed action; or   (b) if opposed to the proposed action, lacks legal capacity for the proposed action; and   (2) either the proposed action will have no adverse effect on the estate or the estate remaining after the proposed action is taken will be adequate to provide for the needs of the protected person and for the support of those legally entitled to support, maintenance, and education from the protected person, taking into account the age, physical condition, standards of living, and all other relevant circumstances of the protected person and of those legally entitled to support, maintenance, and education from the protected person.   History: En. Sec. 135, Ch. 264, L. 2013; amd. Sec. 30, Ch. 55, L. 2015.
MT Code § 72-5-448 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-448. Order

  72-5-448. Order. After hearing, the court in its discretion may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to transfer or dispose of assets or take other action as provided in the court's order.   History: En. Sec. 137, Ch. 264, L. 2013.
MT Code § 72-5-449 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-449. No duty to propose action

  72-5-449. No duty to propose action. Nothing in 72-5-444 through 72-5-450 imposes any duty on the conservator to propose any action under 72-5-444 through 72-5-450, and the conservator is not liable for failure to propose any action under 72-5-444 through 72-5-450.   History: En. Sec. 138, Ch. 264, L. 2013.