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Montana Statutes, Title 72

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Montana/Statutes

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Title 72, Title 72

34 chapters · 933 sections in this title.

All chapters in Title 72933 Ch 3, UPC -- PROBATE AND ADMINISTRATION153 Ch 38, MONTANA UNIFORM TRUST CODE133 Ch 2, UPC -- INTESTACY, WILLS, AND DONATIV…111 Ch 5, UPC -- PERSONS UNDER DISABILITY GUAR…104 Ch 31, MISCELLANEOUS PROVISIONS RELATING TO…65 Ch 6, NONPROBATE TRANSFERS ON DEATH50 Ch 7, UNIFORM POWERS OF APPOINTMENT ACT38 Ch 16, ESTATE AND GENERATION-SKIPPING TAXES33 Ch 34, PRINCIPAL AND INCOME33 Ch 39, UNIFORM TRUST DECANTING ACT30 Ch 15, PUBLIC ADMINISTRATOR27 Ch 1, UNIFORM PROBATE CODE GENERAL PROVISIONS24 Ch 26, UNIFORM TRANSFERS TO MINORS ACT24 Ch 17, ANATOMICAL GIFT ACT22

104 sections·Filtered byTitle 72✕Ch 5✕

Mont. Code Ann. § 72-5-101 Definitions
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Unless otherwise apparent from the context, in chapters 1 through 5 and chapter 16, part 6, the following definitions apply: (1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of …
Mont. Code Ann. § 72-5-102 Consolidation Of Proceedings
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When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Mont. Code Ann. § 72-5-103 Delegation Of Powers By Parent Or Guardian
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(1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to…
Mont. Code Ann. § 72-5-104 Informal Discharge Of Duty To Pay Or Deliver Property To Minor
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(1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to: (a) the minor, if the minor has attained 18 years of age or is married; (b) any perso…

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Mont. Code Ann. § 72-5-110 Vaccination Status Prohibited As Evidence Or Grounds For Decision

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In considering and deciding a petition for guardianship of a minor pursuant to part 2 or of an incapacitated adult pursuant to part 3, a court may not: (1) admit into evidence the vaccination status of a person seeking appointment as a guardian; or (2) consider a person's vaccina…

Mont. Code Ann. § 72-5-201 Status Of Guardian Of Minor -- How Acquired Generally -- Letters To Indicate Means Of Appointment

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(1) A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. (2) Letters of guardianship must indicate whether the guardian was appointed by will or by court order. (3) The guardianship status continues until terminated,…

Mont. Code Ann. § 72-5-202 Consent To Jurisdiction By Acceptance Of Appointment

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(1) By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. (2) Notice of any proceeding must be delivered to the g…

Mont. Code Ann. § 72-5-211 Testamentary Appointment Of Guardian Of Minor -- When Effective -- Priorities -- Notice Of Appointment

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(1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance bot…

Mont. Code Ann. § 72-5-212 Recognition Of Appointment Of Guardian By Foreign Will

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This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile.

Mont. Code Ann. § 72-5-213 Objection By Minor 14 Years Of Age Or Older To Testamentary Appointment

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A minor 14 years of age or older may prevent an appointment of the minor's testamentary guardian from becoming effective or may cause a previously accepted appointment to terminate by filing with the court in which the will is probated a written objection to the appointment befor…

Mont. Code Ann. § 72-5-221 Venue For Proceedings For Court Appointment Of Guardian Of Minor

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The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.

Mont. Code Ann. § 72-5-222 Court Appointment Of Guardian Of Minor -- When Allowed -- Priority Of Testamentary Appointment

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(1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order. (2) A guardian appointed by will as provided in 72-5-211 and 72-5-212 who…

Mont. Code Ann. § 72-5-223 Guardian Of Minor By Court Appointment -- Qualifications -- Nominee Of Minor Preferred

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The court may appoint as guardian any person whose appointment would be in the best interests of the minor, including the minor's interest in continuity of care. The court shall appoint a person nominated by the minor if the minor is 14 years of age or older unless the court find…

Mont. Code Ann. § 72-5-224 Temporary Guardian Of Minor

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If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than 6 months.

Mont. Code Ann. § 72-5-225 Procedure For Court Appointment Of Guardian Of Minor -- Notice -- Hearing -- Representation By Attorney

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(1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor must be given by the petitioner in the manner prescribed by 72-1-301 to: (a) the minor, if the minor is 14 years of age or older; (b) the person who has had the principal care a…

Mont. Code Ann. § 72-5-231 Powers And Duties Of Guardian Of Minor

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Unless otherwise limited by the court, a guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own fund…

Mont. Code Ann. § 72-5-233 Termination Of Appointment -- How Effected -- Certain Liabilities And Obligations Not Affected

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(1) A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian's liability …

Mont. Code Ann. § 72-5-234 Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney

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(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 f…

Mont. Code Ann. § 72-5-301 Consent To Jurisdiction By Acceptance Of Appointment

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(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…

Mont. Code Ann. § 72-5-302 Testamentary Appointment Of Guardian For Incapacitated Person -- When Effective -- Priorities

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(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 appo…

Mont. Code Ann. § 72-5-303 Recognition Of Appointment Of Guardian By Foreign Will

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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.

Mont. Code Ann. § 72-5-304 Objection By Alleged Incapacitated Person To Testamentary Appointment

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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 p…

Mont. Code Ann. § 72-5-305 Definitions

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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 a…

Mont. Code Ann. § 72-5-306 Purpose And Basis For Guardianship

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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 ext…

Mont. Code Ann. § 72-5-311 Venue For Proceedings For Court Appointment Of Guardian

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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 i…

Mont. Code Ann. § 72-5-312 Who May Be Guardian -- Priorities

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(1) Any competent person or a suitable institution, association, or nonprofit corporation or any of its members may be appointed guardian of an incapacitated person. (2) Persons who are not disqualified have priority for appointment as guardian in the following order: (a) a perso…

Mont. Code Ann. § 72-5-313 Visitor In Guardianship Proceedings Defined

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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 …

Mont. Code Ann. § 72-5-314 Notices In Guardianship Proceedings

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(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…

Mont. Code Ann. § 72-5-315 Procedure For Court Appointment Of Guardian -- Hearing -- Examination -- Interview -- Procedural Rights

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(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 iss…

Mont. Code Ann. § 72-5-316 Findings -- Order Of Appointment

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(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 nec…

Mont. Code Ann. § 72-5-317 Temporary Guardians

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(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 f…

Mont. Code Ann. § 72-5-318 Request For Notice -- Interested Person

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(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 b…

Mont. Code Ann. § 72-5-319 Contents Of Petition For Appointment Of Guardian

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(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 addres…

Mont. Code Ann. § 72-5-320 Purposes For Establishment Of Limited Guardianship

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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: …

Mont. Code Ann. § 72-5-321 Powers And Duties Of Guardian Of Incapacitated Person

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(1) The powers and duties of a limited guardian are those specified in the order appointing the guardian. The limited guardian is required to report the condition of the incapacitated person and of the estate that has been subject to the guardian's possession and control, as requ…

Mont. Code Ann. § 72-5-322 Petition Of Guardian For Treatment Of Ward

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(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 t…

Mont. Code Ann. § 72-5-324 Termination Of Appointment -- How Effected -- Certain Liabilities And Obligations Not Affected

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(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. …

Mont. Code Ann. § 72-5-325 Petition For Removal Or Resignation Of Guardian -- Termination Of Incapacity -- Appointment Of Successor Guardian

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(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 …

Mont. Code Ann. § 72-5-401 Original Petition For Appointment Or Protective Order -- Who May Petition

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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 t…

Mont. Code Ann. § 72-5-402 Contents Of Petition

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(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…

Mont. Code Ann. § 72-5-403 Notice -- Waiver

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(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 fo…

Mont. Code Ann. § 72-5-404 Request For Notice -- Interested Person

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(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…

Mont. Code Ann. § 72-5-405 Exclusive And Concurrent Jurisdiction Of Particular Court After Petition And Notice

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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 protec…

Mont. Code Ann. § 72-5-406 Consent To Jurisdiction By Acceptance Of Appointment As Conservator

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(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…

Mont. Code Ann. § 72-5-407 Venue

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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 …

Mont. Code Ann. § 72-5-408 Procedure Concerning Hearing And Order On Original Petition

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(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 …

Mont. Code Ann. § 72-5-409 Cause For Appointment Of Conservator Or Issuance Of Protective Order

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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 a…

Mont. Code Ann. § 72-5-410 Who May Be Appointed Conservator -- Priorities

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(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 l…

Mont. Code Ann. § 72-5-411 Bond -- Court May Require -- Amount

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(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 …

Mont. Code Ann. § 72-5-412 Terms And Requirements Of Bond

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(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 con…