El Salvador Dui Number
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FAQ
Some people use ?conservatorship? and ?guardianship? interchangeably, but, in Montana, they are distinct legal processes. A guardian is responsible for making personal and healthcare-related decisions on behalf of the disabled individual, while a conservator manages the individual's finances.
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.
State courts, often specialized courts that may be called probate courts, surrogates courts, or orphan's courts, appoint guardians. Guardians are fiduciaries. Fiduciaries are people or organizations that act on behalf of someone else and have high duties of trust, care, honesty and confidentiality.
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.
A guardianship does not terminate the child's parents' rights. Parental rights are only suspended while the guardianship is in place.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
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.