reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 72-5-450. Production of protected person's other relevant estate plan documents

72-5-450. Production of protected person's other relevant estate plan documents.
(1) As used in this section, "estate plan of the protected person" includes but is not limited to:
(a) the protected person's will;
(b) any trust of which the protected person is the settlor or beneficiary;
(c) any power of appointment created by or exercisable by the protected person; and
(d) 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.
(2) Notwithstanding 26-1-803 or any case law relating to the attorney-client privilege, the court in its discretion may order that any person having possession of any document constituting all or part of the estate plan of the protected person shall deliver the document to the court for examination by the court and, in the discretion of the court, by the attorneys for the persons who have appeared in the proceedings under 72-5-444 through 72-5-450 in connection with the petition filed under 72-5-444 through 72-5-450.
(3) Unless the court otherwise orders, a person who examines any document produced pursuant to an order under this section may not disclose the contents of the document to any other person. If that disclosure is made, the court may adjudge the person making the disclosure to be in contempt of court.
(4) For good cause, the court may order that a document constituting all or part of the estate plan of the protected person, whether or not produced pursuant to an order under this section, must be delivered for safekeeping to the custodian designated by the court. The court may impose conditions that it determines are appropriate for holding and safeguarding the document. The court may authorize the conservator to take any action a depositor may take under Montana law.
History: En. Sec. 139, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 5. Powers of Attorney › 72-5-501. When health care power of attorney not affected by disability

72-5-501. When health care power of attorney not affected by disability.
(1) A durable health care power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact or agent in writing and the writing contains the words, "This health care power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time" or "This health care power of attorney becomes effective upon the disability or incapacity of the principal" or similar words showing the intent of the principal that the authority conferred must be exercisable notwithstanding the principal's subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
(2) If a guardian is appointed for the principal, the attorney-in-fact or agent, during the continuance of the appointment, is accountable to the guardian as well as the principal. The guardian has the same power to revoke or amend the health care power of attorney that the principal would have had if the principal were not disabled or incapacitated. A principal may nominate, by a durable health care power of attorney, the guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are later commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable health care power of attorney except for good cause or disqualification.
History: En. 91A-5-501 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-501; amd. Sec. 1, Ch. 283, L. 1985; amd. Sec. 24, Ch. 582, L. 1989; amd. Sec. 2439, Ch. 56, L. 2009; amd. Sec. 26, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 5. Powers of Attorney › 72-5-502. Health care power of attorney not revoked until notice

72-5-502. Health care power of attorney not revoked until notice.
(1) The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power.
(2) As to acts undertaken in good faith reliance on a health care power of attorney, an affidavit executed by the attorney-in-fact or agent stating that the attorney-in-fact or agent did not have, at the time of exercising the power, actual knowledge of the termination of the power by revocation or of the principal's disability or incapacity is proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(3) This section does not affect any provision in a health care power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
History: En. 91A-5-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-502; amd. Sec. 2, Ch. 283, L. 1985; amd. Sec. 2440, Ch. 56, L. 2009; amd. Sec. 27, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-601. Short title

72-5-601. Short title.
This part may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
History: En. Sec. 1, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-602. Definitions

72-5-602. Definitions.
In this part, the following definitions apply:
(1) "Adult" means an individual who has attained 18 years of age.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under 53-20-141, 53-21-141, or Title 72, chapter 5, part 4.
(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Title 72, chapter 5, part 3.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Incapacitated person" means an adult for whom a guardian has been appointed.
(7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) "Person", except in the term incapacitated person or protected person, means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
History: En. Sec. 2, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-603. International application

72-5-603. International application.
A court of this state may treat a foreign country as if it were a state for the purpose of applying 72-5-601 through 72-5-606, 72-5-611 through 72-5-619, 72-5-624, 72-5-625, 72-5-636, and 72-5-637.
History: En. Sec. 3, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-604. Communication between courts

72-5-604. Communication between courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
History: En. Sec. 4, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-605. Cooperation between courts

72-5-605. Cooperation between courts.
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a) hold an evidentiary hearing;
(b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(c) order that an evaluation or assessment be made of the respondent;
(d) order any appropriate investigation of a person involved in a proceeding;
(e) forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (1)(a) or any other proceeding, any evidence otherwise produced under subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under subsection (1)(c) or (1)(d);
(f) issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 164.504.
(2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History: En. Sec. 5, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-606. Taking testimony in another state

72-5-606. Taking testimony in another state.
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
History: En. Sec. 6, Ch. 236, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship › Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 72-5-607. through 72-5-610 reserved

72-5-607 through 72-5-610 reserved.