Montana § 72-5-234 Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney

Montana Statutes

§ 72-5-234 — Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney

Montana § 72-5-234

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 5UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP

Part 2Guardians of Minors

This text of Montana § 72-5-234 (Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney) 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. § 72-5-234 (2026).

Text

72-5-234 . Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney.

(1)Any person interested in the welfare of a ward or the ward, if 14 years of age or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may but need not include a request for appointment of a successor guardian.

(2)After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(3)If at any time in the proceeding the court determines that the interests of the ward are or may be inadequately represented, it

Free access — add to your briefcase to read the full text and ask questions with AI

72-5-234 . Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney. (1) Any person interested in the welfare of a ward or the ward, if 14 years of age or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may but need not include a request for appointment of a successor guardian.
(2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(3) If at any time in the proceeding the court determines that the interests of the ward are or may be inadequately represented, it may order the office of state public defender, provided for in 2-15-1029 , to assign counsel under the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.