Montana USLegal Guide to Guardianship

State:
Multi-State
Control #:
US-GDE-08
Format:
Word; 
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Description

This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.

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FAQ

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.

Guardian Responsibilities In each guardianship case, the court appoints an attorney to represent the incapacitated person, a visitor to investigate the situation and living conditions, and a doctor to examine and report on the incapacitated person's medical and cognitive status. Montana Guardianship & Conservatorship Lawyer Silverman Law Office ? Practice Areas Silverman Law Office ? Practice Areas

The biggest difference between adoption and guardianship may be the time period for which the arrangement is effective; while adoption permanently places a child with a new family, guardianship is usually a temporary arrangement that places the child with a close friend or family member.

The appointment of conservator in Montana requires the filing of a petition with district court. This includes a general statement of property owned by the alleged incapacitated person. Conservatorships | Montana Wills & Trusts mtwillsandtrusts.com ? category ? conservato... mtwillsandtrusts.com ? category ? conservato...

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. Billings Guardianship and Conservatorship Attorneys dietrichlaw.com ? practice-areas ? guardians... dietrichlaw.com ? practice-areas ? guardians...

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). Instructions for Terminating Guardianship - Judicial Branch mt.gov ? library ? forms ? guardian ? resp... mt.gov ? library ? forms ? guardian ? resp...

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Montana USLegal Guide to Guardianship