72-5-320. Purposes for establishment of limited guardianship. A petition seeking the establishment of a limited guardianship must specify the particular powers that the limited guardian is proposed to exercise and the particular areas of protection and assistance required. The purposes for which a limited guardian may be appointed include:

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Terms Used In Montana Code 72-5-320

  • 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
  • Property: means real and personal property. See Montana Code 1-1-205

(1)to care for and maintain the alleged incapacitated person;

(2)to assert and protect the rights and best interests of the alleged incapacitated person;

(3)to provide timely and informed consent to necessary medical procedures and procedures implemented in connection with habilitation and training programs;

(4)to assist in the acquisition of necessary training, habilitation, and education for the incapacitated person;

(5)to exercise any other powers, duties, or limitations in regard to the care of the incapacitated person or the management of the person’s property that the petition explicitly specifies, which may not be greater than the powers a full guardian may exercise.