Montana Guardianship Laws: Minors, Adults and Conservators (2026)

In Montana, guardianship and conservatorship are court proceedings under Title 72, chapter 5 of the Montana Code Annotated (MCA), a chapter based on Article V of the Uniform Probate Code. A guardian makes personal decisions for a minor or an "incapacitated person," and a conservator manages the property of a "protected person." For an adult, the court may appoint a guardian if it "is satisfied" that the person is incapacitated, that the person's identified needs cannot be met by a less restrictive alternative, and that judicial intervention is necessary to meet essential requirements for the person's physical health or safety (Mont. Code Ann. § 72-5-316(1)).

Montana's statute keeps older vocabulary: the person under guardianship is a "ward" and the person under a conservatorship or other protective order is a "protected person" (§ 72-5-101). Section 72-5-316 uses the word "satisfied" rather than naming a standard of proof, and the person's lawyer is appointed at the court's discretion rather than in every case (§§ 72-5-315, 72-5-316). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana state law on guardianship of minors and incapacitated adults, conservatorship and other protective orders, the parental power of attorney, and the statutory alternatives to guardianship in Mont. Code Ann. Title 72, chapter 5, plus the caretaker relative affidavits in Title 40, chapter 6. It does not cover custody disputes between parents (see Montana child custody laws), grandparent contact (see Montana grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Montana probate), child abuse and neglect cases, where guardianship of a child in the state's custody runs on a separate track, or civil commitment and mental-health holds.

Montana guardianship terms and where the law lives

Title 72, chapter 5 of the Montana Code is the Uniform Probate Code chapter on persons under disability, guardianship and conservatorship. Part 2 covers guardians of minors, part 3 covers guardians of incapacitated persons, part 4 covers conservators and other protective proceedings, and part 6 is the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act" (§ 72-5-601).

The adult definition is built on both a cause and an effect:

(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.

Mont. Code Ann. § 72-5-101(1)

Montana states the purpose of adult guardianship plainly:

Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person. The guardianship must be designed to encourage the development of maximum self-reliance and independence in the person and may be ordered only to the extent that the person's actual mental and physical limitations require it.

Mont. Code Ann. § 72-5-306

How to get guardianship of a child in Montana

A Montana court can appoint a guardian for a child only in limited circumstances:

(1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.

Mont. Code Ann. § 72-5-222(1)

So a grandparent, aunt, uncle or other relative who wants guardianship of a child whose parents are alive must show that the parents' rights of custody have been terminated, or that their parental rights have been suspended or limited by circumstances or a prior court order.

Who gets notice. The petitioner must give notice of the hearing in the manner § 72-1-301 prescribes to the minor if 14 or older, to "the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition," and to any living parent of the minor (§ 72-5-225(1)). Under § 72-1-301, notice is mailed by certified or ordinary first-class mail, or delivered personally, at least 14 days before the hearing, unless the court for good cause sets a different method or time.

The standard. At the hearing, "the court shall make the appointment if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of 72-5-222 have been met, and the welfare and best interests of the minor, including the need for continuity of care, will be served by the requested appointment" (§ 72-5-225(2)). The court may appoint any person whose appointment would be in the minor's best interests, including the minor's interest in continuity of care (§ 72-5-223).

The child's own choice. "The court shall appoint a person nominated by the minor if the minor is 14 years of age or older unless the court finds the appointment contrary to the best interests of the minor" (§ 72-5-223).

A lawyer for the child. If at any time the court determines that the minor's interests "are or may be inadequately represented," the court may order the Office of State Public Defender to assign counsel for the minor (§ 72-5-225(3)). The appointment is at the court's discretion.

What the guardian of a minor may do. "Unless otherwise limited by the court, a guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's minor and unemancipated child," except that the guardian is not legally obligated to support the child from the guardian's own funds and is not liable to third persons for the child's acts by reason of the parental relationship (§ 72-5-231). The guardian may facilitate the child's education, social and other activities and authorize medical or other professional care (§ 72-5-231(3)). Montana's statute also provides that "a guardian may consent to the marriage or adoption of the ward" (§ 72-5-231(3)). The guardian reports on the child's condition and estate "as ordered by the court on petition of any person interested in the minor's welfare or as required by court rule" (§ 72-5-231(4)).

Temporary guardian of a minor. "If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than 6 months" (§ 72-5-224).

When it ends. A guardian's authority ends on the guardian's death, resignation or removal, or on the minor's death, adoption, marriage or reaching majority; a resignation does not end the guardianship until the court approves it, and ending the guardianship does not end the guardian's duty to account for the ward's funds and assets (§ 72-5-233(1)). Any person interested in the ward's welfare, or the ward if 14 or older, may petition to remove the guardian on the ground that removal would be in the ward's best interests (§ 72-5-234(1)).

Small payments to a child. A person who owes money or personal property to a minor may pay up to $5,000 a year to the minor if 18 or married, to a person with care and custody of the minor with whom the minor lives, to the minor's guardian, or into a federally insured savings account in the minor's sole name, unless the payer actually knows a conservator has been appointed or a conservatorship proceeding is pending (§ 72-5-104). A conservator of a minor's estate may be appointed under § 72-5-409(1) when the minor's property requires management that cannot otherwise be provided.

A separate statute lets a court in an abuse or neglect case appoint a guardian for a child in the custody of the Department of Public Health and Human Services, and that section "does not apply to guardians appointed pursuant to Title 72, chapter 5" (§ 41-3-444).

Can a parent name a guardian in a will in Montana?

Yes, for a minor and for an adult child who is incapacitated. A spouse may also name a guardian for a married incapacitated person.

For a minor. "The parent of a minor may appoint by will a guardian of an unmarried minor" (§ 72-5-211(1)). The statute explains when that appointment takes effect:

Subject to the right of the minor under 72-5-213, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if before acceptance both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority.

Mont. Code Ann. § 72-5-211(1)

After accepting, the guardian must give written notice of acceptance to the minor and to the person caring for the minor or the minor's nearest adult relations (§ 72-5-211(2)). A minor 14 or older may prevent the appointment from taking effect, or end an accepted appointment, by filing a written objection with the probate court before acceptance or within 30 days after notice of acceptance (§ 72-5-213). A guardian appointed by will has priority over a court-appointed guardian, but the court may go ahead with its own appointment if it finds the testamentary guardian failed to accept within 30 days after notice of the guardianship proceeding (§ 72-5-222(2)).

For an incapacitated adult child. "The parent of an unmarried incapacitated person may appoint by will or other writing signed by the parent and attested by at least two witnesses a guardian of the incapacitated person" (§ 72-5-302(1)). If both parents are dead or the surviving parent is adjudged incapacitated, the appointment becomes effective when the guardian, after giving 7 days' prior written notice of the intention to do so to the incapacitated person and to the person caring for that person or the nearest adult relative, files an acceptance of appointment (§ 72-5-302(1)). The adult may end the appointment by a written objection, which does not stop the court from appointing the same person or someone else (§ 72-5-304).

By a spouse. "The spouse of a married incapacitated person may appoint by will or other writing signed by the spouse and attested by at least two witnesses a guardian of the incapacitated person," effective on the same 7-day notice and filing of acceptance, and "an effective appointment by a spouse has priority over an appointment by a parent" (§ 72-5-302(2)).

Parts 2 and 3 of chapter 5 do not set up a standby guardianship; the short-term appointments they provide are temporary guardians (§§ 72-5-224, 72-5-317).

Letting a relative care for a child without going to court

Montana allows a parent to delegate authority over a child by power of attorney:

(1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

Mont. Code Ann. § 72-5-103(1)

The 6-month limit does not apply to a member of the Montana National Guard serving more than 180 continuous days on duty under Title 10 or Title 32 of the United States Code or on state military duty, to a member of the active duty military forces of the United States, or to a federal reservist serving more than 180 continuous days on Title 10 duty (§ 72-5-103(2)).

The section delegates powers; it does not appoint a guardian, and it applies equally to a guardian who wants to delegate powers over a ward. For the signing rules that apply to powers of attorney generally, see Montana power of attorney laws.

Caretaker relative medical authorization affidavit. A relative to whom a parent voluntarily gave custody of a child has the same authority as a custodial parent to consent to the child's medical care if the parent named no definite time to return, the child lives with the relative full time, the relative cannot contact the parent (or the parent refuses a written request to take the child back), no guardian ad litem, power of attorney or other provision covers the child's medical care, and the relative signs the affidavit under oath before a notary (Mont. Code Ann. § 40-6-502(1), (2)). The affidavit lasts no more than 6 months, and ends earlier if the relative revokes it or the child stops living with the relative. A parent's decision communicated to the health care provider overrides the relative's, unless the parent's decision endangers the child's life (§ 40-6-502(3), (6)).

When a parent returns after 6 months. If a child has lived with a relative for at least 6 months after a parent voluntarily gave custody, in circumstances where it was unclear whether or when the parent would return, and the parent returns and demands the child, the relative may file a detailed affidavit with the district court without a filing fee and keep temporary custody for 5 days pending the court's order (§ 40-6-602(1)-(3)). Within 48 hours the court reviews the affidavit ex parte for prima facie evidence that the parent abandoned the child; if it finds that evidence, it orders continued custody by the relative for 14 days, during or after which the relative may start a parenting plan case or petition to be appointed guardian under § 72-5-225, and if it does not, it orders the child returned to the parent (§ 40-6-602(5)).

How to become guardian of an adult in Montana

The petition. "The incapacitated person or any person interested in the incapacitated person's welfare, including the county attorney, may petition for a finding of incapacity and appointment of a guardian" (§ 72-5-315(1)). The petition must explain, among other items, the reasons a guardian is sought, including any less restrictive alternatives already tried (or why none has been tried) and why a less restrictive alternative is insufficient; whether a limited or full guardianship is requested; and, for a full guardianship, how long the guardianship is expected to last (§ 72-5-319(1)).

Notice. Notice of the hearing goes to the alleged incapacitated person and to the family members and caretakers § 72-5-314 lists, including the person's spouse, parents and adult children. "Notice must be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state"; others receive notice under § 72-1-301 (§ 72-5-314(2)). The alleged incapacitated person's waiver of notice is not effective unless the person attends the hearing or the waiver is reaffirmed in the person's interview with the visitor (§ 72-5-314(2)).

Counsel. "The allegedly incapacitated person may have counsel of the person's own choice or the court may, in the interest of justice, appoint an appropriate official or order the office of state public defender ... to assign counsel" (§ 72-5-315(2)). The wording leaves appointment of counsel to the court's judgment. Representation by a guardian ad litem "is not necessary" (§ 72-5-314(2)).

Examination and visitor. "The person alleged to be incapacitated must be examined by a physician appointed by the court who shall submit a report in writing to the court and must be interviewed by a visitor sent by the court" (§ 72-5-315(3)).

Rights at the hearing. The person is entitled to be present in person, to see or hear all evidence bearing on the person's condition, to be present by counsel, to present evidence, to cross-examine witnesses including the court-appointed physician and the visitor, "and to trial by jury." The issue may be decided at a closed hearing without a jury if the person or the person's counsel requests it (§ 72-5-315(4)).

What the court must find. The central section reads:

(1) If the court is satisfied that the person for whom a guardianship is sought is incapacitated, that the identified needs of the person cannot be met by a less restrictive alternative, and that judicial intervention in the person's personal freedom of action and decision is necessary to meet essential requirements for the person's physical health or safety, it may appoint a full guardian having the powers described in 72-5-321 or a limited guardian having the powers described in the order.

Mont. Code Ann. § 72-5-316(1)

If the court is satisfied that the person could meet the essential requirements for physical health or safety if someone else managed the person's financial resources, it must treat the petition as a petition for a protective order under part 4 (conservatorship) instead; it may also dismiss the proceeding or enter another appropriate order (§ 72-5-316(1)). The court must make specific findings of fact. Sections 72-5-315 and 72-5-316 do not name a standard of proof such as clear and convincing evidence.

Limited guardianship. "The court may not invest a guardian with powers or duties beyond those sought in the petition and may, upon petition for a full guardianship, create a limited guardianship or conservatorship when the court determines that a limited guardianship or conservatorship is all that is required for the care and protection of the incapacitated person" (§ 72-5-316(2)). A limited-guardianship order must specify the particular powers and duties of the limited guardian and the period for which the guardianship is created, and every order "must state that all rights not specifically limited are retained by the incapacitated person" (§ 72-5-316(2), (3)).

Vaccination status. Under § 72-5-110, added in 2023, in deciding a guardianship petition for a minor or an incapacitated adult, a court may not admit into evidence, or consider, the vaccination status of a person seeking appointment as guardian (§ 72-5-110).

Who has priority to serve

Persons who are not disqualified have priority in the order § 72-5-312(2) sets, beginning with a person, association or private nonprofit corporation nominated by the incapacitated person, if the court specifically finds the person had the capacity to make a reasonably intelligent choice at the time of the nomination, and then the spouse. The list continues with an adult child, a parent (including a person nominated by a deceased parent), a relative the person has lived with for more than 6 months, a relative or friend with a longstanding interest, a nonprofit guardianship program, and a person nominated by the person caring for the incapacitated person (§ 72-5-312(2)). "The priorities established in subsection (2) are not binding, and the court shall select the person, association, or nonprofit corporation that is best qualified and willing to serve" (§ 72-5-312(3)).

Except as § 72-5-312(5) allows, the court may not appoint a person or organization that, among other disqualifications, provides or is likely to provide substantial services to the incapacitated person in a professional or business capacity other than as guardian, or is or is likely to become a creditor of the person (§ 72-5-312(4)). If no qualified person is willing and able to serve, the court may appoint a state or federal agency "that is authorized or required by statute to provide services to the person" (§ 72-5-312(5)).

What a Montana guardian can decide, and the rights the person keeps

A person under guardianship "is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court" (§ 72-5-306).

A full guardian's powers under § 72-5-321 include:

• Residence. "To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the full guardian is entitled to custody of the person of the ward and may establish the ward's place of residence within or outside of this state" (§ 72-5-321(2)(a)).
• Medical care. A full guardian may give the consents needed for the ward to receive medical or other professional care, counsel, treatment or service (§ 72-5-321(2)(c)).

Commitment and mental health treatment. A full or limited guardian may not involuntarily commit a ward who is unwilling or unable to give informed consent for mental health treatment, treatment of a developmental disability, or observation or evaluation, unless the involuntary-commitment procedures of Title 53, chapters 20 and 21, are followed, except as § 72-5-322 or § 72-5-321(6) provides (§ 72-5-321(5)). If a ward refuses medical treatment for a mental disorder, the guardian may petition the court for an evaluation or treatment order, but "the order may not forcibly detain the ward against the ward's will for more than 72 hours," and the ward is entitled to counsel and a hearing (§ 72-5-322). Where the court has found that a ward has a primary diagnosis of a major neurocognitive disorder and for that reason is unwilling or unable to consent to treatment, the guardian may seek the ward's admission for stabilization and treatment to a hospital, skilled nursing facility or other appropriate facility other than the Montana State Hospital (§ 72-5-321(6)).

End-of-life decisions. The medical-consent power does not authorize a full guardian to consent to withholding or withdrawing life-sustaining treatment, or to a do not resuscitate order, unless the guardian has that authority under the Montana Rights of the Terminally Ill Act (Title 50, chapter 9) or the do not resuscitate provisions of Title 50, chapter 10. The guardian may petition the court for that authority, and "the court may not grant that authority if it conflicts with the ward's wishes to the extent that those wishes can be determined" (§ 72-5-321(2)(c)).

Annual report. "Unless waived by the court, a full guardian is required to report the condition of the ward and of the estate that has been subject to the full guardian's possession or control annually for the preceding year" (§ 72-5-321(2)(e)). A limited guardian reports as the court or court rule requires. If the clerk of court determines that a guardian failed to file an annual report, the court must order the guardian to file it and to give good cause for the failure (§ 72-5-321(3)).

Conservators and other protective orders

Part 4 covers money and property. The court may appoint a conservator or make another protective order for a person if it determines both of the following:

(a) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (b) the person has property that will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.

Mont. Code Ann. § 72-5-409(2)

Bond. The court "may require" a conservator to furnish a bond with sureties it specifies. Unless the court directs otherwise, the bond equals the aggregate capital value of the estate property in the conservator's control plus one year's estimated income, minus the value of securities deposited under arrangements requiring a court order for removal (and other exclusions the section lists) (§ 72-5-411).

Inventory. "Within 90 days after appointment, a conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person" (§ 72-5-424(1)).

Accountings. "Each conservator shall account to the court for administration of the trust not less than annually, unless the court directs otherwise, upon resignation or removal, and at other times as the court may direct" (§ 72-5-438(1)).

Protective arrangements without a conservator. If a basis under § 72-5-409 exists, "the court without appointing a conservator may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person" (§ 72-5-422(1)). Before approving one, the court must consider the interests of creditors and dependents and whether the person needs the continuing protection of a conservator (§ 72-5-422(3)).

Emergency and temporary guardianship in Montana

For an adult, § 72-5-317 provides two emergency tools. If there is an emergency and no guardian, the court may exercise the power of a guardian pending notice and hearing (§ 72-5-317(1)). And:

(2) If an appointed guardian is not effectively performing the guardian's duties or if there is no appointed guardian and the court further finds that the welfare of the incapacitated person requires immediate action, it may, with or without notice, appoint a temporary guardian for the incapacitated person for a specified period not to exceed 6 months. The court may appoint either a full or a limited temporary guardian depending on the needs and circumstances of the incapacitated person.

Mont. Code Ann. § 72-5-317(2)

For a minor, the temporary guardian's authority "shall not last longer than 6 months" (§ 72-5-224).

How a Montana guardianship ends or rights are restored

A guardian's authority ends on the death of the guardian or the ward, a determination that the guardian is incapacitated, or the guardian's removal or court-accepted resignation; after a ward's death, it continues until the guardian completes the arrangements for final disposition that § 72-5-321(7) allows (§§ 72-5-324, 72-5-325). The ward or any person interested in the ward's welfare may also petition to remove the guardian if removal is in the ward's best interests, or to have the ward found no longer incapacitated (§ 72-5-325). The statute keeps the door open for the ward:

(2) An order adjudicating incapacity may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court, and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

Mont. Code Ann. § 72-5-325(2)

"Before appointing a successor guardian or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian" (§ 72-5-325(3)). Those procedures include the physician's examination, the visitor's interview and the hearing rights described above (§ 72-5-315).

Alternatives to guardianship in Montana

Before appointing a guardian, the court must be satisfied that the person's identified needs cannot be met by a less restrictive alternative (§ 72-5-316(1)), and the petition must describe the alternatives tried (§ 72-5-319(1)).

Supported decisionmaking. Montana law defines supported decisionmaking as help from one or more persons of the person's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions, and in communicating a decision once made, if consistent with the person's wishes (§ 72-5-305(5)). The definition of a less restrictive alternative includes it, along with appropriate technological assistance and appointment of a representative payee (§ 72-5-305(3)). Part 3 contains no section setting out a form or signing procedure for a supported decision-making agreement; supported decisionmaking appears there as a defined alternative the court must weigh.

Powers of attorney. A power of attorney signed while a person still has capacity is a common way to plan for later incapacity; signing rules are on our Montana power of attorney laws page. Free drafting tools are available for a Montana power of attorney and a Montana advance directive; a tool is not legal advice, and any document must be signed under the Montana rules on the power of attorney page.

Family decisions about life-sustaining treatment. Montana's Rights of the Terminally Ill Act lists, in order of priority, who may consent or withhold consent to life-sustaining treatment in the situations its subsection (1) covers: the spouse, an adult child (or a majority of the adult children reasonably available), the parents, an adult sibling (or a majority of the adult siblings reasonably available), and then the nearest other adult relative by blood or adoption who is reasonably available (§ 50-9-106(2)). A full guardian may act under that section as § 72-5-321 provides (§ 50-9-106(3)). It is limited to those life-sustaining treatment decisions and is not a general medical-consent law.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and for a legally incompetent beneficiary it "may appoint the legal guardian or some other person" (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Montana with a guardianship

Montana has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§ 72-5-601). "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (§ 72-5-624(1)). The court provisionally grants the transfer and directs the guardian to petition in the other state if it is satisfied the other state's court will accept the guardianship and finds that the person is physically present in, or reasonably expected to move permanently to, the other state; that no objection has been made, or that an objector has not shown the transfer would be contrary to the person's interests; and that plans for care and services in the other state are reasonable and sufficient (§ 72-5-624(4)).

Coming into Montana, if a guardian has been appointed in another state and no guardianship petition is pending in Montana, the out-of-state guardian, after giving notice to the appointing court of an intent to register, may register the guardianship order in Montana by filing it as a foreign judgment (§ 72-5-629).

Recent changes to Montana guardianship law

• 2021 (Chapter 40, Laws of 2021). Added the definitions of "less restrictive alternative" and "supported decisionmaking" (§ 72-5-305), the required finding that the person's identified needs cannot be met by a less restrictive alternative (§ 72-5-316), and related changes to the petition and guardian-powers sections (§§ 72-5-319, 72-5-321).
• 2023 (Chapter 286, Laws of 2023). Added § 72-5-110, which bars a court deciding a guardianship petition for a minor or an incapacitated adult from admitting into evidence, or considering, the vaccination status of a person seeking appointment as guardian.

Montana guardianship at a glance

Related Montana pages

• Guardianship laws by state
• Montana power of attorney laws
• Montana child custody laws
• Montana grandparents' rights
• Montana probate

This article provides general legal information about Montana guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Montana or the district court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Montana?

A Montana court may appoint a guardian for an unmarried minor only if all parental rights of custody have been terminated or parental rights have been suspended or limited by circumstances or prior court order (Mont. Code Ann. § 72-5-222(1)). Notice of the hearing goes to the minor if 14 or older, the person who had principal care and custody for the 60 days before the petition, and any living parent (§ 72-5-225(1)).

How long can a power of attorney for a child last in Montana?

Not more than 6 months under Mont. Code Ann. § 72-5-103(1), and it cannot delegate the power to consent to marriage or adoption of a minor ward. The 6-month limit does not apply to the National Guard, active-duty and reserve members § 72-5-103(2) lists.

Can a parent name a guardian in a will in Montana?

Yes. A parent may appoint a guardian of an unmarried minor by will, and the appointment takes effect when the guardian files an acceptance if both parents are dead or the surviving parent is adjudged incapacitated (Mont. Code Ann. § 72-5-211(1)). A minor 14 or older may block or end it by a written objection filed before acceptance or within 30 days after notice of acceptance (§ 72-5-213).

What does the court have to find for adult guardianship in Montana?

The court must be satisfied that the person is incapacitated, that the person's identified needs cannot be met by a less restrictive alternative, and that judicial intervention is necessary to meet essential requirements for the person's physical health or safety (Mont. Code Ann. § 72-5-316(1)). It must make specific findings of fact.

Does the person get a lawyer in a Montana guardianship case?

The person may have counsel of the person's own choice, or the court may, in the interest of justice, appoint an appropriate official or order the Office of State Public Defender to assign counsel (Mont. Code Ann. § 72-5-315(2)). The statute leaves appointment to the court.

Is there a jury trial in Montana guardianship cases?

Yes. The alleged incapacitated person is entitled to trial by jury, and the issue may be decided at a closed hearing without a jury if the person or the person's counsel requests it (Mont. Code Ann. § 72-5-315(4)).

How long does a temporary guardianship last in Montana?

For an adult, the court may appoint a temporary guardian, with or without notice, for a specified period not to exceed 6 months when an appointed guardian is not effectively performing the guardian's duties or there is no appointed guardian, and the court finds the person's welfare requires immediate action (Mont. Code Ann. § 72-5-317(2)). A temporary guardian of a minor may serve no longer than 6 months (§ 72-5-224).

Does Montana recognize supported decision-making?

Montana defines supported decisionmaking and lists it as a less restrictive alternative (Mont. Code Ann. § 72-5-305), and the court must be satisfied that no less restrictive alternative meets the person's needs before appointing a guardian (§ 72-5-316(1)).

Can a Montana guardian move the ward to another state?

A full guardian may establish the ward's place of residence within or outside Montana, to the extent consistent with any court order on detention or commitment (Mont. Code Ann. § 72-5-321(2)(a)). Transferring the guardianship itself to another state requires a petition and a court order under § 72-5-624.

How can a Montana guardianship be ended?

The ward or any interested person may petition for an order that the ward is no longer incapacitated, or may make the request informally to the court, although the original order may bar a petition for up to 6 months without special leave (Mont. Code Ann. § 72-5-325(2)). The court follows the same safeguards that apply to an appointment (§ 72-5-325(3)).