Montana Statutes

§ 72-5-324 — Termination Of Appointment -- How Effected -- Certain Liabilities And Obligations Not Affected

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

72-5-324 . Termination of appointment -- how effected -- certain liabilities and obligations not affected.

(1)(a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325 . Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(b)The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-

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Legislative History

En. 91A-5-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-306; amd. Sec. 4, Ch. 238, L. 2003; amd. Sec. 2, Ch. 381, L. 2015.

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