This form is an official Montana form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.
Montana Order Appointing Guardian of Minor
Category:
State:
Montana
Control #:
MT-GC-004
Format:
Word;
Rich Text
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FAQ
A legal guardian is a person who has been court appointed to care for another person, and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward's personal and property interests.
This will involve factors such as stability in the child's upbringing, the child's stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian.
A guardian or conservator is appointed by the court when an individual has been determined to be mentally or physically incapacitated, or when a minor is in need of an adult to manage their property and assets. Those in need of such care are referred to as wards of the court.
There are two types of guardianships, a full guardianship and a limited guardianship.
Custody is different than guardianship largely because a guardian can make physical and legal decisions for the child. In many ways, a legal guardianship is like an adoption, except that in a legal guardianship, the child's biological parents are still legally considered the child's parents.
Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar.
When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.
Different Ways to Change Guardians 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.