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Anyone considering becoming a legal guardian for an adult in Montana must first file a petition with the court, describing why the person in question requires a guardian, along with information about the proposed guardian. The petition also needs to provide the contact information for all involved family members.
Fill out three forms: (1) the Motion to Terminate Guardianship, (2) the Affidavit in Support of Motion to Terminate Guardianship, and (3) the Order Terminating Guardianship. Make copies of the motion and affidavit for yourself and for each interested party (including the child if they are over the age of 14).
Montana law provides options for protecting individuals needing assistance with decision-making, such as minors and incapacitated adults. These options include Full or Limited Guardianship, Conservatorship, Power of Attorney, and other Less Restrictive Alternatives such as Supported Decision Making.
Anyone considering becoming a legal guardian for an adult in Montana must first file a petition with the court, describing why the person in question requires a guardian, along with information about the proposed guardian. The petition also needs to provide the contact information for all involved family members.
Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.
When a guardianship is established for a minor child in the state of Montana, the guardian is responsible for the health and well being of that child. If a parent is not willing or able to meet the needs of a child, the Court may appoint a guardian for that child.