Montana Code 72-5-322. Petition of guardian for treatment of ward
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72-5-322. Petition of guardian for treatment of ward. (1) If a guardian believes that the guardian’s ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward’s will for more than 72 hours.
Terms Used In Montana Code 72-5-322
- 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
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
(2)The ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1, and a hearing along with all the other rights guaranteed to a person with a mental disorder and who requires commitment under 53-21-114, 53-21-115, 53-21-119, and 53-21-120.