53-20-114. Appointment of responsible person. (1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:

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Terms Used In Montana Code 53-20-114

  • Court: means a district court of the state of Montana. See Montana Code 53-20-102
  • facility: means :

    (a)the Montana developmental center; or

    (b)a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102

  • 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
  • Resident: means a person committed to a residential facility. See Montana Code 53-20-102
  • Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
  • Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102

(a)that a conflict of interest may exist between the respondent and the respondent’s parents or guardian;

(b)that the parents or guardian are unable to protect the interests of the respondent; or

(c)that the respondent has no parent or guardian.

(2)The responsible person may not be an employee of a residential facility.

(3)Only one person may be the responsible person within the meaning of this part.

(4)In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.

(5)The appointment of the responsible person must terminate at the time of the resident‘s discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.