reglab/housing_qa huggingface dataset:
MT Code § 72-5-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 1. General Provisions|72-5-103. Delegation of powers by parent or guardian

  72-5-103. Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.   (2) The 6-month limitation provided in subsection (1) does not apply to:   (a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or Title 32 of the United States Code or on state military duty as defined in 10-1-1003;   (b) a member of the active duty military forces of the United States; or   (c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.   (3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.   History: En. 91A-5-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-104; amd. Sec. 1, Ch. 104, L. 1999; amd. Sec. 9, Ch. 235, L. 2015.
MT Code § 72-5-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 1. General Provisions|72-5-104. Informal discharge of duty to pay or deliver property to minor

  72-5-104. Informal discharge of duty to pay or deliver property to minor. (1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to:   (a) the minor, if the minor has attained 18 years of age or is married;   (b) any person having the care and custody of the minor with whom the minor resides;   (c) a guardian of the minor; or   (d) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.   (2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.   (3) The persons, other than the minor or any financial institution under subsection (1)(d), receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums must be preserved for future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when the minor attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application of the money or property.   History: En. 91A-5-103 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-103; amd. Sec. 2397, Ch. 56, L. 2009.
MT Code § 72-5-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-201. Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment

  72-5-201. Status of guardian of minor -- how acquired generally -- letters to indicate means of appointment. (1) A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court.   (2) Letters of guardianship must indicate whether the guardian was appointed by will or by court order.   (3) The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.   History: En. 91A-5-201, 91A-5-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-201, 91A-5-208(part).
MT Code § 72-5-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-202. Consent to jurisdiction by acceptance of appointment

  72-5-202. Consent to jurisdiction by acceptance of appointment. (1) By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.   (2) Notice of any proceeding must be delivered to the guardian or mailed to the guardian by ordinary mail at the guardian's address as listed in the court records and to the guardian's address as then known to the petitioner.   History: En. 91A-5-208 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-208(part); amd. Sec. 2398, Ch. 56, L. 2009.
MT Code § 72-5-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-203. through 72-5-210 reserved

  72-5-203 through 72-5-210 reserved.
MT Code § 72-5-211 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment

  72-5-211. Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment. (1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.   (2) Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.   History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part); amd. Sec. 2399, Ch. 56, L. 2009.
MT Code § 72-5-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-212. Recognition of appointment of guardian by foreign will

  72-5-212. Recognition of appointment of guardian by foreign will. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.   History: En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part).
MT Code § 72-5-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-213. Objection by minor 14 years of age or older to testamentary appointment

  72-5-213. Objection by minor 14 years of age or older to testamentary appointment. A minor 14 years of age or older may prevent an appointment of the minor's testamentary guardian from becoming effective or may cause a previously accepted appointment to terminate by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within 30 days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person.   History: En. 91A-5-203 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-203; amd. Sec. 2400, Ch. 56, L. 2009.
MT Code § 72-5-214 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-214. through 72-5-220 reserved

  72-5-214 through 72-5-220 reserved.
MT Code § 72-5-221 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-221. Venue for proceedings for court appointment of guardian of minor

  72-5-221. Venue for proceedings for court appointment of guardian of minor. The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.   History: En. 91A-5-205 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-205.
MT Code § 72-5-222 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-222. Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment

  72-5-222. Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment. (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.   (2) A guardian appointed by will as provided in 72-5-211 and 72-5-212 whose appointment has not been prevented or nullified under 72-5-213 has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment upon a finding that the testamentary guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.   History: En. 91A-5-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-204; amd. Sec. 6, Ch. 290, L. 1999.
MT Code § 72-5-223 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred

  72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred. The court may appoint as guardian any person whose appointment would be in the best interests of the minor, including the minor's interest in continuity of care. The court shall appoint a person nominated by the minor if the minor is 14 years of age or older unless the court finds the appointment contrary to the best interests of the minor.   History: En. 91A-5-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-206; amd. Sec. 7, Ch. 210, L. 2009.
MT Code § 72-5-224 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-224. Temporary guardian of minor

  72-5-224. Temporary guardian of minor. If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than 6 months.   History: En. 91A-5-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-207(3).
MT Code § 72-5-225 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-225. Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney

  72-5-225. Procedure for court appointment of guardian of minor -- notice -- hearing -- representation by attorney. (1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor must be given by the petitioner in the manner prescribed by 72-1-301 to:   (a) the minor, if the minor is 14 years of age or older;   (b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition; and   (c) any living parent of the minor.   (2) Upon hearing, the court shall make the appointment if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of 72-5-222 have been met, and the welfare and best interests of the minor, including the need for continuity of care, will be served by the requested appointment. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interests of the minor.   (3) 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.   History: En. 91A-5-207 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-207(1), (2), (4); amd. Sec. 2, Ch. 93, L. 1979; amd. Sec. 63, Ch. 449, L. 2005; amd. Sec. 8, Ch. 210, L. 2009; amd. Sec. 41, Ch. 358, L. 2017.
MT Code § 72-5-226 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-226. through 72-5-230 reserved

  72-5-226 through 72-5-230 reserved.
MT Code § 72-5-232 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-232. Repealed

  72-5-232. Repealed. Sec. 26, Ch. 236, L. 2009.   History: En. 91A-5-211 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-211.
MT Code § 72-5-233 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-233. Termination of appointment -- how effected -- certain liabilities and obligations not affected

  72-5-233. Termination of appointment -- how effected -- certain liabilities and obligations not affected. (1) A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian's liability for prior acts or a guardian's obligation to account for funds and assets of the guardian's ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.   (2) The guardian's authority and responsibility for a minor who dies while the minor is a ward of the guardian terminates when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects as provided in 72-5-231(5).   History: En. 91A-5-210 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-210; amd. Sec. 2, Ch. 238, L. 2003.
MT Code § 72-5-234 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 2. Guardians of Minors|72-5-234. Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney

  72-5-234. Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney. (1) Any person interested in the welfare of a ward or the ward, if 14 years of age or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may but need not include a request for appointment of a successor guardian.   (2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.   (3) If at any time in the proceeding the court determines that the interests of the ward are or may be inadequately represented, it may order the office of state public defender, provided for in 2-15-1029, to assign counsel under the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.   History: En. 91A-5-212 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-212; amd. Sec. 64, Ch. 449, L. 2005; amd. Sec. 42, Ch. 358, L. 2017.
MT Code § 72-5-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 3. Guardians of Incapacitated Persons|72-5-301. Consent to jurisdiction by acceptance of appointment

  72-5-301. Consent to jurisdiction by acceptance of appointment. (1) By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.   (2) Notice of any proceeding must be delivered to the guardian or mailed to the guardian by ordinary mail at the guardian's address as listed in the court records and to the guardian's address as then known to the petitioner.   History: En. 91A-5-305 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-305; amd. Sec. 2401, Ch. 56, L. 2009.
MT Code § 72-5-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 3. Guardians of Incapacitated Persons|72-5-302. Testamentary appointment of guardian for incapacitated person -- when effective -- priorities

  72-5-302. Testamentary appointment of guardian for incapacitated person -- when effective -- priorities. (1) The parent of an unmarried incapacitated person may appoint by will or other writing signed by the parent and attested by at least two witnesses a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given 7 days' prior written notice of intention to do so to the incapacitated person and to the person having care of the person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. The notice must state that the appointment may be terminated by filing a written objection in the court, as provided by 72-5-304. If both parents are dead, an effective appointment by the parent who died later has priority.   (2) The spouse of a married incapacitated person may appoint by will or other writing signed by the spouse and attested by at least two witnesses a guardian of the incapacitated person. The appointment becomes effective when, after having given 7 days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. The notice must state that the appointment may be terminated by filing a written objection in the court, as provided by 72-5-304. An effective appointment by a spouse has priority over an appointment by a parent.   History: En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(1), (2); amd. Sec. 18, Ch. 582, L. 1989.
MT Code § 72-5-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 3. Guardians of Incapacitated Persons|72-5-303. Recognition of appointment of guardian by foreign will

  72-5-303. Recognition of appointment of guardian by foreign will. An appointment effected by filing the guardian's acceptance under a will probated in the state of the decedent's domicile is effective in this state.   History: En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(3); amd. Sec. 19, Ch. 582, L. 1989.
MT Code § 72-5-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 3. Guardians of Incapacitated Persons|72-5-304. Objection by alleged incapacitated person to testamentary appointment

  72-5-304. Objection by alleged incapacitated person to testamentary appointment. Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305, 72-5-306, 72-5-311 through 72-5-322, 72-5-324, and 72-5-325.   History: En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(4); amd. Sec. 20, Ch. 582, L. 1989; amd. Sec. 25, Ch. 236, L. 2009.
MT Code § 72-5-305 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 3. Guardians of Incapacitated Persons|72-5-305. Definitions

  72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply:  (1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321.   (2) "Guardian" includes a full guardian and a limited guardian.   (3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.   (4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.   (5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in:   (a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and   (b) communicating a decision, once made, if consistent with the person's wishes.   History: En. Sec. 1, Ch. 344, L. 1981; amd. Sec. 1, Ch. 40, L. 2021.