Montana § 72-5-305 Definitions

Montana Statutes

§ 72-5-305 — Definitions

Montana § 72-5-305

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3Guardians of Incapacitated Persons

This text of Montana § 72-5-305 (Definitions) 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. § 72-5-305 (2026).

Text

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.