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

Montana Statutes

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

Montana § 72-5-324

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3Guardians of Incapacitated Persons

This text of Montana § 72-5-324 (Termination Of Appointment -- How Effected -- Certain Liabilities And Obligations Not Affected) 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. § 72-5-324 (2026).

Text

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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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 72-5-321 (7).
(2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward.