Montana Code 72-5-233. Termination of appointment — how effected — certain liabilities and obligations not affected
72-5-233. Termination of appointment — how effected — certain liabilities and obligations not affected. (1) A guardian‘s authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor’s death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian’s liability for prior acts or a guardian’s obligation to account for funds and assets of the guardian’s ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
Terms Used In Montana Code 72-5-233
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Probate: Proving a will
(2)The guardian’s authority and responsibility for a minor who dies while the minor is a ward of the guardian terminates when the guardian has completed arrangements for the final disposition of the ward’s physical remains and personal effects as provided in 72-5-231(5).