Montana Code 72-5-211. Testamentary appointment of guardian of minor — when effective — priorities — notice of appointment
72-5-211. Testamentary appointment of guardian of minor — when effective — priorities — notice of appointment. (1) The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian’s acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.
Terms Used In Montana Code 72-5-211
- 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
(2)Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor’s care or to the minor’s nearest adult relations.