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Montana Petition for Determination of Incapacity and Appointment of...

Montana Petition for Determination of Incapacity and Appointment of Permanent Co-Conservators

Name: Montana Petition for Determination of Incapacity and Appointment of Permanent Co-Conservators
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (268 reviews)

Category:

Montana Court Samples - Conservatorships - Adult - Sample Case 1

State:

Montana

Control #:

MT-KL-403-01

Format:

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A01 Petition for Determination of Incapacity and Appointment of Permanent Co-Conservators

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FAQ

A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

Fix the residence or specific dwelling of the young adult child. Have access to the confidential records and papers of the young adult child. Control the right of the young adult child's right to enter into contracts. Give or withhold medical consent regarding the young adult child.

The document called a nomination of conservatorship allows an individual (also known as the principal or conservatee) to dictate who they want to look after them and their assets if they become incapacitated.

Conservators have court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances or health care.However, if no planning has been done -- a common situation -- then family members must ask a court to appoint a conservator or guardian.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

The conservator has the power to collect all the conservatee's assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets.

A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.

The out-of-pocket costs to begin a conservatorship are the filing fee, which ranges from $278 to $1,176 (in 2019) depending on the amount of assets, plus the expenses for having the respondent personally served, getting certified copies from the court, etc., which are usually around $200.

Montana Petition for Determination of Incapacity and Appointment of Permanent Co-Conservators

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