Montana § 72-5-305 Definitions

Montana Statutes

§ 72-5-305 — Definitions

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 5 UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP·Part 3 Guardians of Incapacitated Persons

72-5-305 . Definitions. In this part, unless the context requires otherwise, the following definitions apply:

(1)"Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321 .

(2)"Guardian" includes a full guardian and a limited guardian.

(3)"Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.

(4)"Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.

(5)"Supported decisionm

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72-5-305 . Definitions. In this part, unless the context requires otherwise, the following definitions apply:
(1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321 .
(2) "Guardian" includes a full guardian and a limited guardian.
(3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.
(4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.
(5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in:
(a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and
(b) communicating a decision, once made, if consistent with the person's wishes.

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