Montana Code Annotated 2021



Part 3. Guardians of Incapacitated Persons

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.