Montana § 72-31-308 Nomination Of Conservator Or Guardian -- Relation Of Agent To Court-Appointed Fiduciary

Montana Statutes

§ 72-31-308 — Nomination Of Conservator Or Guardian -- Relation Of Agent To Court-Appointed Fiduciary

Montana § 72-31-308

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 31MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES

Part 3Uniform Power of Attorney Act

This text of Montana § 72-31-308 (Nomination Of Conservator Or Guardian -- Relation Of Agent To Court-Appointed Fiduciary) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-31-308 (2026).

Text

72-31-308 . Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary.

(1)In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.

(2)If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiducia

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72-31-308 . Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary. (1) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(2) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.