Montana § 72-5-314 Notices In Guardianship Proceedings

Montana Statutes

§ 72-5-314 — Notices In Guardianship Proceedings

Montana § 72-5-314

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3Guardians of Incapacitated Persons

This text of Montana § 72-5-314 (Notices In Guardianship Proceedings) 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. § 72-5-314 (2026).

Text

72-5-314 . Notices in guardianship proceedings.

(1)In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:

(a)the ward or the person alleged to be incapacitated and the ward's or person's spouse, parents, and adult children;

(b)any person who is serving as the ward's or person's guardian or conservator or who has the ward's or person's care and custody; and

(c)in case no other person is notified under subsection (1)(a), at least one of the ward's or person's closest adult relatives, if any can be found.

(2)Notice must be served personally on the alleged incapacitated person and the person's spouse and parent

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

72-5-314 . Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following:
(a) the ward or the person alleged to be incapacitated and the ward's or person's spouse, parents, and adult children;
(b) any person who is serving as the ward's or person's guardian or conservator or who has the ward's or person's care and custody; and
(c) in case no other person is notified under subsection (1)(a), at least one of the ward's or person's closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person must be given as provided in 72-1-301 . Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.