Montana Statutes

§ 72-5-322 — Petition Of Guardian For Treatment Of Ward

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

72-5-322 . Petition of guardian for treatment of ward.

(1)If a guardian believes that the guardian's ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward's will for more than 72 hours.
(2)The ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1, and a hearing along with all the other rights guaranteed to a person with a mental disorder and who requires commitment under 53-21-114 , 53-21-115 , 53-21-119 , and 53-21-120 .

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Legislative History

En. 91A-5-314 by Sec. 3, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-314; amd. Sec. 39, Ch. 490, L. 1997; amd. Sec. 66, Ch. 449, L. 2005.

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