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English and Tara Anne Pleat discuss the options and what to consider when planning for the future. Learn how a power of attorney, a revocable trust, medical orders, Social Security Administration's Designated Payee, and essential communication can help determine how property and assets are handled.
Guardianships & Conservatorships in Montana A conservator is an individual appointed by a court with a duty to make financial decisions and manage finances for an incapacitated individual. The appointment of a guardian or conservator in Montana requires the filing of a petition with district court.
Durable powers of attorney are generally recognized as least restrictive alternatives to the appointment of a guardian of the property.
Health care guardian. Agent with health care durable power of attorney (AIF) Spouse or Registered Domestic Partner. Son or daughter (over age 18 - all must agree)
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.
Alternatives to full guardianship include general supports (family, friends, and community resources), legal documents (such as Power of Attorney or a Living Will), advocacy organizations, and so forth. These alternatives allow individuals to hold on to some or all of their decision making rights.
Some alternatives to guardianship are: supported decision-making. health care proxy. durable power of attorney.