§ 72-5-401 Original petition for appointment or protective order — who may petition
§ 72-5-402 Contents of petition
§ 72-5-403 Notice — waiver
§ 72-5-404 Request for notice — interested person
§ 72-5-405 Exclusive and concurrent jurisdiction of particular court after petition and notice
§ 72-5-406 Consent to jurisdiction by acceptance of appointment as conservator
§ 72-5-407 Venue
§ 72-5-408 Procedure concerning hearing and order on original petition
§ 72-5-409 Cause for appointment of conservator or issuance of protective order
§ 72-5-410 Who may be appointed conservator — priorities
§ 72-5-411 Bond — court may require — amount
§ 72-5-412 Terms and requirements of bond
§ 72-5-413 Petitions for orders subsequent to appointment — interested persons
§ 72-5-414 Resignation or removal of conservator for cause — successor conservator
§ 72-5-415 Public administrator as conservator when no other appropriate person
§ 72-5-421 Powers of court as to property and affairs of protected persons generally — temporary conservatorship
§ 72-5-422 Power of court to authorize particular protective arrangements or transactions without appointing conservator
§ 72-5-423 Fiduciary duty of conservator
§ 72-5-424 Inventory and records
§ 72-5-425 Title by appointment as conservator — appointment not transfer for certain purposes
§ 72-5-426 Letters as evidence of transfer of assets — recording
§ 72-5-427 Powers of conservator in administration
§ 72-5-428 Distributive powers and duties of conservator generally
§ 72-5-429 Distribution upon attainment of majority, termination of disability, or death of protected person
§ 72-5-430 Enlargement or limitation of powers of conservator by court
§ 72-5-431 Preservation of estate plan — right to inspect will
§ 72-5-432 Compensation and expenses
§ 72-5-433 Claims against protected person — presentment, allowance, and payment — priorities
§ 72-5-434 Transaction involving conflict of interest — voidable — exceptions
§ 72-5-435 Persons dealing with conservator — protection
§ 72-5-436 Claims arising during conservatorship — individual liability of conservator
§ 72-5-437 Termination of conservatorship
§ 72-5-438 Accounts — final and intermediate
§ 72-5-439 Payment of debt and delivery of property to foreign conservator without local proceedings
§ 72-5-444 Petition to authorize proposed action — substituted judgment
§ 72-5-445 Notice of hearing
§ 72-5-446 Consent or lack of capacity of protected person — adequate provision for protected person and dependents
§ 72-5-447 Circumstances to be considered in determining whether to authorize or require proposed action
§ 72-5-448 Order
§ 72-5-449 No duty to propose action
§ 72-5-450 Production of protected person’s other relevant estate plan documents
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Terms Used In Montana Code > Title 72 > Chapter 5 > Part 4 - Protection of Property of Minors and Persons Under Disability

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Donee: The recipient of a gift.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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.
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Writing: includes printing. See Montana Code 1-1-203