reglab/housing_qa huggingface dataset:
MT Code § 72-5-404 (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|72-5-404. Request for notice -- interested person

  72-5-404. Request for notice -- interested person. (1) An interested person who desires to be notified before any order is made in a protective proceeding may file with the clerk a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed.   (2) A request is not effective unless it contains a statement showing the interest of the person making it and the person's address or that of the person's attorney and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.   History: En. 91A-5-406 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-406; amd. Sec. 2412, Ch. 56, L. 2009.
MT Code § 72-5-405 (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|72-5-405. Exclusive and concurrent jurisdiction of particular court after petition and notice

  72-5-405. Exclusive and concurrent jurisdiction of particular court after petition and notice. After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:   (1) exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated;   (2) exclusive jurisdiction to determine how the estate of the protected person that is subject to the laws of this state is managed, expended, or distributed to or for the use of the protected person or any of the person's dependents;   (3) concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and the person's title to any property or claim.   History: En. 91A-5-402 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-402; amd. Sec. 2413, Ch. 56, L. 2009.
MT Code § 72-5-406 (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|72-5-406. Consent to jurisdiction by acceptance of appointment as conservator

  72-5-406. Consent to jurisdiction by acceptance of appointment as conservator. (1) By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person.   (2) Notice of any proceeding must be delivered to the conservator or mailed to the conservator by certified mail at the conservator's address as listed in the petition for appointment or as reported to the court and to the conservator's address as then known to the petitioner.   History: En. 91A-5-413 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-413; amd. Sec. 2414, Ch. 56, L. 2009.
MT Code § 72-5-407 (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|72-5-407. Venue

  72-5-407. Venue. Venue for proceedings under this part is:   (1) in the place in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or   (2) if the person to be protected does not reside in this state, in any place where the person has property.   History: En. 91A-5-403 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-403; amd. Sec. 2415, Ch. 56, L. 2009.
MT Code § 72-5-408 (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|72-5-408. Procedure concerning hearing and order on original petition

  72-5-408. Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If at any time in the proceeding the court determines that the interests of the minor are or may be inadequately represented, the court may order the office of state public defender, provided for in 2-15-1029, to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.   (2) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of the person's own choice, the court shall order the office of state public defender to assign counsel to represent the person pursuant to the Montana Public Defender Act, Title 47, chapter 1. If the alleged disability is mental illness or mental deficiency, the court may direct that the person to be protected be examined by a physician or professional person as defined in 53-21-102 designated by the court. If the alleged disability is physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court. It is preferable that a physician designated by the court not be connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.   (3) In the case of an appointment pursuant to 72-5-410(1)(h), the court shall direct that the person to be protected be examined by a physician as set forth in subsection (2).   (4) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.   History: En. 91A-5-407 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-407; amd. Sec. 1, Ch. 208, L. 1985; amd. Sec. 4, Ch. 362, L. 1985; amd. Sec. 67, Ch. 449, L. 2005; amd. Sec. 2, Ch. 184, L. 2007; amd. Sec. 44, Ch. 358, L. 2017.
MT Code § 72-5-409 (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|72-5-409. Cause for appointment of conservator or issuance of protective order

  72-5-409. Cause for appointment of conservator or issuance of protective order. Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make another protective order for cause as follows:   (1) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection that cannot otherwise be provided, that a minor has or may have business affairs that may be jeopardized or prevented by the person's minority, or that funds are needed for the person's support and education and that protection is necessary or desirable to obtain or provide funds.   (2) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that:   (a) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and   (b) the person has property that will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.   History: En. 91A-5-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-401; amd. Sec. 2416, Ch. 56, L. 2009.
MT Code § 72-5-410 (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|72-5-410. Who may be appointed conservator -- priorities

  72-5-410. Who may be appointed conservator -- priorities. (1) The court may appoint an individual or a corporation with general power to serve as trustee as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:   (a) a conservator, guardian of property, or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides;   (b) an individual or corporation nominated by the protected person if the person is 14 years of age or older and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;   (c) the spouse of the protected person;   (d) an adult child of the protected person;   (e) a parent of the protected person or a person nominated by the will of a deceased parent;   (f) any relative of the protected person with whom the protected person has resided for more than 6 months prior to the filing of the petition;   (g) a person nominated by the person who is caring for the person or paying benefits to the person;   (h) a conservator corporation organized under Title 35, chapter 2;   (i) the public administrator.   (2) A person in priorities listed in subsections (1)(a) and (1)(c) through (1)(f) may nominate in writing a person to serve in that person's stead.   (3) With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve. The court, for good cause, may pass over a person having priority and appoint a person having less priority or no priority.   History: En. 91A-5-410 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-410; amd. Sec. 5, Ch. 362, L. 1985; amd. Sec. 2417, Ch. 56, L. 2009.
MT Code § 72-5-411 (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|72-5-411. Bond -- court may require -- amount

  72-5-411. Bond -- court may require -- amount. (1) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law with sureties that it specifies.   (2) Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus 1 year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization.   (3) The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.   History: En. 91A-5-411 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-411; amd. Sec. 2418, Ch. 56, L. 2009.
MT Code § 72-5-412 (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|72-5-412. Terms and requirements of bond

  72-5-412. Terms and requirements of bond. (1) The following requirements and provisions apply to any bond required under 72-5-411:   (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.   (b) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.   (c) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.   (d) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.   (2) A proceeding may not be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.   History: En. 91A-5-412 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-412; amd. Sec. 2419, Ch. 56, L. 2009.
MT Code § 72-5-413 (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|72-5-413. Petitions for orders subsequent to appointment -- interested persons

  72-5-413. Petitions for orders subsequent to appointment -- interested persons. (1) A person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:   (a) requiring bond or security or additional bond or security or reducing bond;   (b) requiring an accounting for the administration of the trust;   (c) directing distribution;   (d) removing the conservator and appointing a temporary or successor conservator; or   (e) granting other appropriate relief.   (2) A conservator may petition the appointing court for instructions concerning the conservator's fiduciary responsibility.   (3) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.   (4) For purposes of this section, any person, institution, or agency that is furnishing or supplying any money for support or care of a person for whom a conservator has been appointed is a person interested in the welfare of the protected person.   History: En. 91A-5-416 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-416; amd. Sec. 2420, Ch. 56, L. 2009.
MT Code § 72-5-414 (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|72-5-414. Resignation or removal of conservator for cause -- successor conservator

  72-5-414. Resignation or removal of conservator for cause -- successor conservator. The court may remove a conservator for good cause, upon notice and hearing, or may accept the resignation of a conservator. After the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.   History: En. 91A-5-415 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-415; amd. Sec. 5, Ch. 6, L. 1979; amd. Sec. 2421, Ch. 56, L. 2009.
MT Code § 72-5-415 (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|72-5-415. Public administrator as conservator when no other appropriate person

  72-5-415. Public administrator as conservator when no other appropriate person. (1) Whenever a professional person, as defined in 53-21-102, has reason to believe that any person is in need of the appointment of a conservator for the effective management of the person's property or affairs under this part and that the person has no relative, friend, or other appropriate person who is able and willing to serve as a conservator for the person, the professional person shall notify the public administrator.   (2) Whenever the public administrator is notified under subsection (1) of the need for the appointment of a conservator and reasonable cause exists, the public administrator shall file a petition for appointment of the public administrator as conservator of the person.   History: En. Secs. 1, 2, Ch. 362, L. 1985; amd. Sec. 2422, Ch. 56, L. 2009.
MT Code § 72-5-416 (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|72-5-416. through 72-5-420 reserved

  72-5-416 through 72-5-420 reserved.
MT Code § 72-5-422 (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|72-5-422. Power of court to authorize particular protective arrangements or transactions without appointing conservator

  72-5-422. Power of court to authorize particular protective arrangements or transactions without appointing conservator. (1) If it is established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include but are not limited to:   (a) payment, delivery, deposit, or retention of funds or property;   (b) sale, mortgage, lease, or other transfer of property;   (c) entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or   (d) addition to or establishment of a suitable trust.   (2) When it has been established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the court determines that the transaction is in the best interests of the protected person.   (3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the protected person's disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who, upon appointment, has the authority conferred by the order and serves until discharged by order after report to the court of all matters done pursuant to the order of appointment.   History: En. 91A-5-409 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-409; amd. Sec. 6, Ch. 6, L. 1979; amd. Sec. 2423, Ch. 56, L. 2009.
MT Code § 72-5-423 (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|72-5-423. Fiduciary duty of conservator

  72-5-423. Fiduciary duty of conservator. In the exercise of a conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.   History: En. 91A-5-417 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-417; amd. Sec. 2424, Ch. 56, L. 2009.
MT Code § 72-5-424 (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|72-5-424. Inventory and records

  72-5-424. Inventory and records. (1) Within 90 days after appointment, a conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person, together with the conservator's oath or affirmation that it is complete and accurate so far as the conservator is informed. The conservator shall provide a copy of the inventory to the protected person if the protected person can be located, has attained 14 years of age, and has sufficient mental capacity to understand these matters and to any parent or guardian with whom the protected person resides.   (2) The conservator shall keep suitable records of the conservator's administration and exhibit the records on request of any interested person.   History: En. 91A-5-418 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-418; amd. Sec. 2425, Ch. 56, L. 2009.
MT Code § 72-5-425 (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|72-5-425. Title by appointment as conservator -- appointment not transfer for certain purposes

  72-5-425. Title by appointment as conservator -- appointment not transfer for certain purposes. (1) The appointment of a conservator vests in the conservator title as trustee to all property of the protected person presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact.   (2) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing restrictions upon or penalties for transfer or alienation by the protected person of the protected person's rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.   History: En. 91A-5-420 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-420; amd. Sec. 7, Ch. 6, L. 1979; amd. Sec. 2426, Ch. 56, L. 2009.
MT Code § 72-5-426 (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|72-5-426. Letters as evidence of transfer of assets -- recording

  72-5-426. Letters as evidence of transfer of assets -- recording. (1) Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person or the protected person's successors.   (2) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person.   History: En. 91A-5-421 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-421; amd. Sec. 2427, Ch. 56, L. 2009.