Montana Sample Letter for Petition to Substitute Conservator
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FAQ
Persons seeking conservatorship over a minor or incapacitated adult must file a petition for appointment with the district court with jurisdiction over where the minor/adult resides or owns property.
Guardians and conservators are appointed by a court. Any interested person can file a petition with the Superior Court asking the judge to decide these things: Can you meet your essential needs for physical health, safety, or self-care? Is a guardian or conservator needed to prevent harm to you?
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.
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.
72-5-427. Powers of conservator in administration. (1) A conservator has all of the powers conferred in this section and any additional powers conferred by law on trustees in this state.
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.
