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Montana law provides options for protecting individuals needing assistance with decision-making, such as minors and incapacitated adults. These options include Full or Limited Guardianship, Conservatorship, Power of Attorney, and other Less Restrictive Alternatives such as Supported Decision Making.
Anyone considering becoming a legal guardian for an adult in Montana must first file a petition with the court, describing why the person in question requires a guardian, along with information about the proposed guardian. The petition also needs to provide the contact information for all involved family members.
Persons seeking conservatorship over a minor or incapacitated adult must file a petition for appointment with the district court with jurisdiction over where the minor/adult resides or owns property.
Conservatorships in Montana A conservator is an individual appointed by a court with a duty to make financial decisions and manage finances for an incapacitated individual. The appointment of conservator in Montana requires the filing of a petition with district court.
Some people use ?conservatorship? and ?guardianship? interchangeably, but, in Montana, they are distinct legal processes. A guardian is responsible for making personal and healthcare-related decisions on behalf of the disabled individual, while a conservator manages the individual's finances.