Montana Code 72-5-402. Contents of petition
72-5-402. Contents of petition. (1) The petition must set forth to the extent known:
Terms Used In Montana Code 72-5-402
- 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
(a)the interest of the petitioner;
(b)the name, age, residence, and address of the person to be protected;
(c)the name and address of that person’s guardian, if any;
(d)the name and address of that person’s nearest relative known to the petitioner;
(e)a general statement of that person’s property with an estimate of the value of the property, including any compensation, insurance, pension, or allowance to which the person is entitled; and
(f)the reason why appointment of a conservator or other protective order is necessary.
(2)If the appointment of a conservator is requested, the petition also must set forth the name and address of the person whose appointment is sought and the basis of the person’s priority for appointment.
(3)The petition must affirm that no mental health care advance directive exists or, if a directive exists, the directive must be attached to the petition.