Montana Code 72-5-314. Notices in guardianship proceedings
72-5-314. Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
Terms Used In Montana Code 72-5-314
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the ward or the person alleged to be incapacitated and the ward’s or person’s spouse, parents, and adult children;
(b)any person who is serving as the ward’s or person’s guardian or conservator or who has the ward’s or person’s care and custody; and
(c)in case no other person is notified under subsection (1)(a), at least one of the ward’s or person’s closest adult relatives, if any can be found.
(2)Notice must be served personally on the alleged incapacitated person and the person’s spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person must be given as provided in 72-1-301. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person’s waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.