Montana Statutes
§ 72-5-211 — Testamentary Appointment Of Guardian Of Minor -- When Effective -- Priorities -- Notice Of Appointment
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 5 UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP·Part 2 Guardians of Minors
72-5-211 . Testamentary appointment of guardian of minor -- when effective -- priorities -- notice of appointment.
(1)The parent of a minor may appoint by will a guardian of an unmarried minor. 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.
(2)Upon acceptance of an appointment, written notice of acceptance must be given by the guardian to the minor and to the person having the minor's care or to the minor's nearest adult relations.
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Legislative History
En. 91A-5-202 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-202(part); amd. Sec. 2399, Ch. 56, L. 2009.
Nearby Sections
15
§ 72-5-101
Definitions§ 72-5-102
Consolidation Of Proceedings§ 72-5-105
Through 72-5-109 Reserved§ 72-5-201
Status Of Guardian Of Minor -- How Acquired Generally -- Letters To Indicate Means Of Appointment§ 72-5-203
Through 72-5-210 Reserved§ 72-5-214
Through 72-5-220 Reserved