Disclaimer: This article is for educational purposes and does not provide legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Under Montana law, you can seek a guardian to make personal-care decisions or a conservator to manage financial matters for an incapacitated relative. The process follows procedures in Title 72 of the Montana Code Annotated (MCA).
1. Understand Guardianship Versus Conservatorship
A guardian handles personal care, medical decisions, and living arrangements. A conservator manages finances, pays bills, and protects property. You may petition for one or both roles based on your relative’s needs.
2. File a Petition
File a petition in the district court where the proposed ward lives. For guardianship, use Mont. Code Ann. §72-5-303 §72-5-303. For conservatorship, follow §72-5-311 §72-5-311. Include the proposed guardian’s or conservator’s details, the person’s condition, and reasons why protection is necessary.
3. Serve Notice
Serve the petition and notice of hearing on the proposed ward and all interested parties at least 10 days before the hearing, per Mont. Code Ann. §72-5-304 §72-5-304.
4. Obtain a Medical Evaluation
A qualified professional (physician, psychologist, or licensed social worker) must complete an evaluation of capacity under Mont. Code Ann. §72-5-405 §72-5-405. Attach this report to your petition.
5. Court Visitor Investigation
The court appoints an independent visitor to investigate and report on the proposed ward’s needs under Mont. Code Ann. §72-5-305 §72-5-305. The visitor interviews the individual and reviews relevant records.
6. Attend the Hearing
At the hearing, present evidence on incapacity and the need for protection. The proposed ward has the right to attend, object, and be represented by counsel. The court proceeds under Mont. Code Ann. §72-5-306 §72-5-306.
7. Receive the Court’s Order and Letters
If the judge finds the person incapacitated, the court issues an order appointing a guardian and/or conservator. The clerk then issues letters of guardianship or conservatorship, granting you legal authority to act.
Helpful Hints
- Start the process early to accommodate court schedules and potential delays.
- Gather medical records and evaluations before filing your petition.
- Provide a complete list of family members and interested parties for proper notice.
- Consider temporary guardianship if immediate intervention is needed (Mont. Code Ann. §72-5-302 §72-5-302).
- If appointed conservator, keep meticulous financial records and file periodic reports as required by the court.