§ 72-5-301 Consent to jurisdiction by acceptance of appointment
§ 72-5-302 Testamentary appointment of guardian for incapacitated person — when effective — priorities
§ 72-5-303 Recognition of appointment of guardian by foreign will
§ 72-5-304 Objection by alleged incapacitated person to testamentary appointment
§ 72-5-305 Definitions
§ 72-5-306 Purpose and basis for guardianship
§ 72-5-311 Venue for proceedings for court appointment of guardian
§ 72-5-312 Who may be guardian — priorities
§ 72-5-313 Visitor in guardianship proceedings defined
§ 72-5-314 Notices in guardianship proceedings
§ 72-5-315 Procedure for court appointment of guardian — hearing — examination — interview — procedural rights
§ 72-5-316 Findings — order of appointment
§ 72-5-317 Temporary guardians
§ 72-5-318 Request for notice — interested person
§ 72-5-319 Contents of petition for appointment of guardian
§ 72-5-320 Purposes for establishment of limited guardianship
§ 72-5-321 Powers and duties of guardian of incapacitated person
§ 72-5-322 Petition of guardian for treatment of ward
§ 72-5-323 Repealed
§ 72-5-324 Termination of appointment — how effected — certain liabilities and obligations not affected
§ 72-5-325 Petition for removal or resignation of guardian — termination of incapacity — appointment of successor guardian
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Terms Used In Montana Code > Title 72 > Chapter 5 > Part 3 - Guardians of Incapacitated Persons

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probate: Proving a will
  • Property: means real and personal property. See Montana Code 1-1-205
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Writing: includes printing. See Montana Code 1-1-203