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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 72-5-306. Purpose and basis for guardianship

72-5-306. Purpose and basis for guardianship.
Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person. The guardianship must be designed to encourage the development of maximum self-reliance and independence in the person and may be ordered only to the extent that the person's actual mental and physical limitations require it. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
History: En. Sec. 2, Ch. 344, L. 1981.
2023 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 › 72-5-311. Venue for proceedings for court appointment of guardian

72-5-311. Venue for proceedings for court appointment of guardian.
The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
History: En. 91A-5-302 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-302.
2023 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 › 72-5-313. Visitor in guardianship proceedings defined

72-5-313. Visitor in guardianship proceedings defined.
A visitor is, with respect to guardianship proceedings, a person who is trained in law, nursing, social work, medical care, mental health care, pastoral care, education, or rehabilitation and is an officer, employee, or special appointee of the court with no personal interest in the proceedings.
History: En. 91A-5-308 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-308; amd. Sec. 4, Ch. 344, L. 1981.
2023 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 › 72-5-314. Notices in guardianship proceedings

72-5-314. Notices in guardianship proceedings.
(1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
(a) the ward or the person alleged to be incapacitated and the ward's or person's spouse, parents, and adult children;
(b) any person who is serving as the ward's or person's guardian or conservator or who has the ward's or person's care and custody; and
(c) in case no other person is notified under subsection (1)(a), at least one of the ward's or person's closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person must be given as provided in 72-1-301. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.
History: En. 91A-5-309 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-309; amd. Sec. 2403, 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 3. Guardians of Incapacitated Persons › 72-5-315. Procedure for court appointment of guardian -- hearing -- examination -- interview -- procedural rights

72-5-315. Procedure for court appointment of guardian -- hearing -- examination -- interview -- procedural rights.
(1) The incapacitated person or any person interested in the incapacitated person's welfare, including the county attorney, may petition for a finding of incapacity and appointment of a guardian.
(2) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity. The allegedly incapacitated person may have counsel of the person's own choice or the court may, in the interest of justice, appoint an appropriate official or 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 person in the proceeding.
(3) The person alleged to be incapacitated must be examined by a physician appointed by the court who shall submit a report in writing to the court and must be interviewed by a visitor sent by the court. Whenever possible, the court shall appoint as visitor a person who has particular experience or expertise in treating, evaluating, or caring for persons with the kind of disabling condition that is alleged to be the cause of the incapacity. The visitor shall also interview the person who appears to have caused the petition to be filed and the person who is nominated to serve as guardian and visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the requested appointment is made and submit the visitor's report in writing to the court. Whenever possible without undue delay or expense beyond the ability to pay of the alleged incapacitated person, the court, in formulating the judgment, shall utilize the services of any public or charitable agency that offers or is willing to evaluate the condition of the allegedly incapacitated person and make recommendations to the court regarding the most appropriate form of state intervention in the person's affairs.
(4) The person alleged to be incapacitated is entitled to be present at the hearing in person and to see or hear all evidence bearing upon the person's condition. The person is entitled to be present by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician and the visitor, and to trial by jury. The issue may be determined at a closed hearing without a jury if the person alleged to be incapacitated or the person's counsel requests it.
History: En. 91A-5-303 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 222, L. 1977; amd. Sec. 2, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-303; amd. Sec. 8, Ch. 344, L. 1981; amd. Sec. 65, Ch. 449, L. 2005; amd. Sec. 1, Ch. 184, L. 2007; amd. Sec. 43, Ch. 358, L. 2017.
2023 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 › 72-5-316. Findings -- order of appointment

72-5-316. Findings -- order of appointment.
(1) If the court is satisfied that the person for whom a guardianship is sought is incapacitated, that the identified needs of the person cannot be met by a less restrictive alternative, and that judicial intervention in the person's personal freedom of action and decision is necessary to meet essential requirements for the person's physical health or safety, it may appoint a full guardian having the powers described in 72-5-321 or a limited guardian having the powers described in the order. If the court is satisfied that the allegedly incapacitated person could handle the essential requirements for physical health or safety if the person's financial resources were managed by another, it shall order that the petition be treated as a petition for a protective order under Title 72, chapter 5, part 4, and proceed accordingly. Alternatively, the court may dismiss the proceeding or enter any other appropriate order that is not inconsistent with the specific provisions of this part. In issuing its order, the court shall make specific findings of fact.
(2) The court may not invest a guardian with powers or duties beyond those sought in the petition and may, upon petition for a full guardianship, create a limited guardianship or conservatorship when the court determines that a limited guardianship or conservatorship is all that is required for the care and protection of the incapacitated person. The order must specify whether a full or limited guardianship is being created. In the case of a limited guardianship, the order must specify the particular powers and duties vested in the limited guardian and the period for which the limited guardianship is created.
(3) An incapacitated person may not be limited in the exercise of any civil or political rights except those that are clearly inconsistent with the exercise of the powers granted to the guardian unless the court's order specifically provides for the limitations. The order must state that all rights not specifically limited are retained by the incapacitated person.
History: En. 91A-5-304 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-304; amd. Sec. 9, Ch. 344, L. 1981; amd. Sec. 2404, Ch. 56, L. 2009; amd. Sec. 2, Ch. 40, L. 2021.
2023 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 › 72-5-317. Temporary guardians

72-5-317. Temporary guardians.
(1) If an incapacitated person has no guardian and an emergency exists, the court may exercise the power of a guardian pending notice and hearing.
(2) If an appointed guardian is not effectively performing the guardian's duties or if there is no appointed guardian and the court further finds that the welfare of the incapacitated person requires immediate action, it may, with or without notice, appoint a temporary guardian for the incapacitated person for a specified period not to exceed 6 months. The court may appoint either a full or a limited temporary guardian depending on the needs and circumstances of the incapacitated person. The court may not invest a temporary guardian with more powers than are required by the circumstances necessitating the appointment. The order of appointment of a temporary guardian must state whether a full or limited temporary guardianship is being created and, in the case of a limited temporary guardian, the specific powers and duties of the limited temporary guardian.
(3) If there is no person available and willing to act as temporary guardian for an incapacitated person who is in need of a temporary guardian except a person or entity who is ineligible to act as guardian pursuant to the provisions of 72-5-312(4), the court may appoint as temporary guardian a person or entity who would otherwise be ineligible under that provision to act as guardian. This subsection does not permit the appointment of a person or entity who has an actual conflict of interest in regard to the purpose for which the temporary guardianship is sought. A temporary guardian who is otherwise ineligible shall serve until a person or entity who is not ineligible to serve as guardian and who is otherwise qualified to be guardian is appointed by the court to act as temporary guardian, but the temporary guardian may not serve for longer than 6 months.
(4) A temporary full guardian is entitled to the care and custody of the ward, and the authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary limited guardian is entitled to exercise powers that are specifically granted to the temporary guardian in the order of appointment, and the power of any permanent guardian previously appointed by the court to exercise those powers is suspended so long as the temporary limited guardian has authority. The court by specific order may suspend all authority of the permanent guardian upon appointment of a temporary limited guardian. A temporary guardian may be removed at any time. A temporary guardian shall make any report the court requires. In other respects, the provisions of this code concerning guardians apply to temporary guardians.
History: En. 91A-5-310 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-310; amd. Sec. 10, Ch. 344, L. 1981; amd. Sec. 2405, 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 3. Guardians of Incapacitated Persons › 72-5-318. Request for notice -- interested person

72-5-318. Request for notice -- interested person.
(1) An interested person who desires to be notified before any order is made in a guardianship proceeding may file with the clerk a request for notice upon payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the guardian 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 alleged incapacitated person is an interested person in guardianship proceedings.
History: En. Sec. 5, Ch. 344, L. 1981; amd. Sec. 2406, 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 3. Guardians of Incapacitated Persons › 72-5-319. Contents of petition for appointment of guardian

72-5-319. Contents of petition for appointment of guardian.
(1) The petition for appointment of a guardian must contain:
(a) the name, residence, and mailing address of the petitioner, the petitioner's relationship to the alleged incapacitated person, and the petitioner's interest in the matter;
(b) the name, residence, and mailing address of the alleged incapacitated person;
(c) the nature and degree of the alleged incapacity;
(d) if the petition in any way affects the management of the property of the alleged incapacitated person, the approximate value and description of the property, including any compensation, pension, insurance, or allowance to which the person may be entitled;
(e) whether there is, in any state, a full guardian or limited guardian for the person or estate of the incapacitated person or a conservator of the person's property;
(f) the name, residence, and mailing address of the person whom the petitioner seeks to have appointed guardian;
(g) the names, residences, and nature of relationship, so far as is known or can reasonably be ascertained, of the persons most closely related by blood or marriage to the alleged incapacitated person;
(h) the name and residence of the person or institution having the care and custody of the alleged incapacitated person;
(i) the reasons why the appointment of a guardian is sought, including:
(i) any less restrictive alternatives for meeting the alleged incapacitated person's needs that have been implemented or, if no less restrictive alternatives have been implemented, the reason why; and
(ii) the reason why a less restrictive alternative is insufficient to meet the alleged incapacitated person's needs;
(j) whether a limited guardianship or full guardianship is requested;
(k) the facts supporting the allegations of incapacity and the need for a guardian;
(l) the specific areas of protection and assistance requested and the limitation of rights requested to be included in the order of appointment;
(m) in the case of a petition for limited guardianship, the particular powers and areas of authority that the petition seeks to have vested in the limited guardian as provided in 72-5-320 and the term for which the limited guardianship is requested;
(n) in the case of a petition for full guardianship, the length of time the guardianship is expected to last.
(2) The petition may also include a request for temporary guardianship as provided in 72-5-317 if the petitioner believes that the requisites of that section are met and that the appointment of a temporary guardian, pending the completion of guardianship proceedings, is necessary to protect the welfare of the alleged incapacitated person. The facts requiring appointment of a temporary guardian must be stated with specificity.
History: En. Sec. 6, Ch. 344, L. 1981; amd. Sec. 2407, Ch. 56, L. 2009; amd. Sec. 3, Ch. 40, L. 2021.
2023 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 › 72-5-320. Purposes for establishment of limited guardianship

72-5-320. Purposes for establishment of limited guardianship.
A petition seeking the establishment of a limited guardianship must specify the particular powers that the limited guardian is proposed to exercise and the particular areas of protection and assistance required. The purposes for which a limited guardian may be appointed include:
(1) to care for and maintain the alleged incapacitated person;
(2) to assert and protect the rights and best interests of the alleged incapacitated person;
(3) to provide timely and informed consent to necessary medical procedures and procedures implemented in connection with habilitation and training programs;
(4) to assist in the acquisition of necessary training, habilitation, and education for the incapacitated person;
(5) to exercise any other powers, duties, or limitations in regard to the care of the incapacitated person or the management of the person's property that the petition explicitly specifies, which may not be greater than the powers a full guardian may exercise.
History: En. Sec. 7, Ch. 344, L. 1981; amd. Sec. 2408, 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 3. Guardians of Incapacitated Persons › 72-5-322. Petition of guardian for treatment of ward

72-5-322. Petition of guardian for treatment of ward.
(1) If a guardian believes that the guardian's ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward's will for more than 72 hours.
(2) The ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1, and a hearing along with all the other rights guaranteed to a person with a mental disorder and who requires commitment under 53-21-114, 53-21-115, 53-21-119, and 53-21-120.
History: En. 91A-5-314 by Sec. 3, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-314; amd. Sec. 39, Ch. 490, L. 1997; amd. Sec. 66, Ch. 449, L. 2005.
2023 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 › 72-5-323. Repealed

72-5-323. Repealed.
Sec. 26, Ch. 236, L. 2009.
History: En. 91A-5-313 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-313.
2023 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 › 72-5-324. Termination of appointment -- how effected -- certain liabilities and obligations not affected

72-5-324. Termination of appointment -- how effected -- certain liabilities and obligations not affected.
(1) (a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(b) The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-321(7).
(2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward.
History: En. 91A-5-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-306; amd. Sec. 4, Ch. 238, L. 2003; amd. Sec. 2, Ch. 381, L. 2015.
2023 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 › 72-5-325. Petition for removal or resignation of guardian -- termination of incapacity -- appointment of successor guardian

72-5-325. Petition for removal or resignation of guardian -- termination of incapacity -- appointment of successor guardian.
(1) On petition of the ward or any person interested in the ward's welfare, the court, after hearing, may remove a guardian if in the best interests of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.
(2) An order adjudicating incapacity may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court, and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.
(3) Upon removal, resignation, or death of the guardian or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.
History: En. 91A-5-307 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-307; amd. Sec. 21, 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 › 72-5-401. Original petition for appointment or protective order -- who may petition

72-5-401. Original petition for appointment or protective order -- who may petition.
The person to be protected, any person who is interested in that person's estate, affairs, or welfare, including that person's parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of the property and affairs of the person to be protected may petition for the appointment of a conservator or for other appropriate protective order.
History: En. 91A-5-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-404(1); amd. Sec. 2409, 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 › 72-5-402. Contents of petition

72-5-402. Contents of petition.
(1) The petition must set forth to the extent known:
(a) the interest of the petitioner;
(b) the name, age, residence, and address of the person to be protected;
(c) the name and address of that person's guardian, if any;
(d) the name and address of that person's nearest relative known to the petitioner;
(e) a general statement of that person's property with an estimate of the value of the property, including any compensation, insurance, pension, or allowance to which the person is entitled; and
(f) the reason why appointment of a conservator or other protective order is necessary.
(2) If the appointment of a conservator is requested, the petition also must set forth the name and address of the person whose appointment is sought and the basis of the person's priority for appointment.
(3) The petition must affirm that no mental health care advance directive exists or, if a directive exists, the directive must be attached to the petition.
History: En. 91A-5-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-404(2); amd. Sec. 2410, Ch. 56, L. 2009; amd. Sec. 21, Ch. 329, L. 2011.
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 › 72-5-403. Notice -- waiver

72-5-403. Notice -- waiver.
(1) On a petition for appointment of a conservator or other protective order, the person to be protected and the person's spouse or, if none, the person's parents must be served personally with notice of the proceeding at least 14 days before the date of hearing if they can be found within the state, or if they cannot be found within the state, they must be given notice in accordance with 72-1-301. Waiver by the person to be protected is not effective unless the person attends the hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor.
(2) Notice of a petition for appointment of a conservator or other initial protective order and of any subsequent hearing must be given to any person who has filed a request for notice under 72-5-404 and to interested persons and other persons as the court may direct. Except as otherwise provided in subsection (1), notice must be given in accordance with 72-1-301.
History: En. 91A-5-405 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-405; amd. Sec. 2411, 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 › 72-5-404. 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.
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 › 72-5-405. 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.
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 › 72-5-406. 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.
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 › 72-5-407. 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.
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 › 72-5-408. 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.
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 › 72-5-409. 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.
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 › 72-5-410. 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.
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 › 72-5-411. 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.
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 › 72-5-412. 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.