Montana Code Annotated

Mont. Code Ann. § 25-5-301 (2026)

Appointment Of Guardian

✓ current as of May 2026

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TITLE 25. CIVIL PROCEDURE

CHAPTER 5. PARTIES

Part 3. Guardian Ad Litem

Appointment Of Guardian

25-5-301. Appointment of guardian. When a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows:

(1) when the minor is plaintiff, upon the application of the minor if the minor is 14 years of age or, if under that age, upon the application of a relative or friend of the minor;

(2) when the minor is defendant, upon the application of the minor if the minor is 14 years of age and applies within 10 days after the service of the summons or, if under that age or if the minor neglects to apply, upon the application of a relative or friend of the minor or of any other party to the action;

(3) when an insane or incompetent person is party to an action or proceeding, upon the application of a relative or friend of the insane or incompetent person or of any other party to the action or proceeding.

History: En. Sec. 10, p. 44, Bannack Stat.; re-en. Sec. 10, p. 136, L. 1867; re-en. Sec. 10, p. 28, Cod. Stat. 1871; re-en. Sec. 10, p. 41, L. 1877; re-en. Sec. 10, 1st Div. Rev. Stat. 1879; re-en. Sec. 10, 1st Div. Comp. Stat. 1887; re-en. Sec. 575, C. Civ. Proc. 1895; re-en. Sec. 6482, Rev. C. 1907; re-en. Sec. 9072, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 373; re-en. Sec. 9072, R.C.M. 1935; R.C.M. 1947, 93-2806; amd. Sec. 2, Ch. 2, L. 1983; amd. Sec. 403, Ch. 56, L. 2009.

Notes of Decisions

Cited in 6 cases, 1984–2016 · leading case: Conservatorship of Minor Child. v. Soule, 2015 MT 335 (Mont. 2015).

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Conservatorship of Minor Child. v. Soule, 2015 MT 335 (Mont. 2015). · cites it 50× “5 ¶12 The District Court appointed a guardian ad litem under § 25-5-301, MCA. An appointment under this statute is in contemplation of litigation: “[w]hen a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows: (1) when the minor is…”

State Ex Rel. Perman v. Dist. Court of the Thirteenth Jud. Dist., 690 P.2d 419 (Mont. 1984). · cites it 12× “" Section 25-5-301(3), MCA, the statute under which Calvin Perman's initial petition for appointment was granted, states: "When a guardian ad litem is appointed by the court, he must be appointed as follows: .”

Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). · cites it 2× “¶28 Thus, Montana law permits a court to appoint a GAL (§ 25-5-301, MCA), a general guardian (Title 72, chapter 5, part 2, MCA), or a conservator (Title 72, chapter 5, part 4, MCA) to represent the interests of a minor child.”

A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). · cites it 2× “2014) (defining “guardian” as “[s]omeone who has the legal authority and duty to care for another’s person or property, esp.”

Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). · cites it 2× ““Guardian” is defined in Title 41 as “an adult: (a) who is responsible for a youth and has the reciprocal rights, duties, and responsibilities with the youth; and (b) whose status is created and defined by law.” Section 41-5-103(21), MCA.”

Marriage of Tipps, 2004 MT 181N (Mont. 2004). “See §§ 25-5-301, 41-3-112, and 41- 5-1411, MCA.”

— Mont. Code Ann. § 25-5-301(1) — 1 case

Conservatorship of Minor Child. v. Soule, 2015 MT 335 (Mont. 2015). “5 ¶12 The District Court appointed a guardian ad litem under § 25-5-301, MCA. An appointment under this statute is in contemplation of litigation: “[w]hen a guardian ad litem is appointed by the court, the guardian ad litem must be appointed as follows: (1) when the minor is…”

— Mont. Code Ann. § 25-5-301(3) — 1 case

State Ex Rel. Perman v. Dist. Court of the Thirteenth Jud. Dist., 690 P.2d 419 (Mont. 1984). “" Section 25-5-301(3), MCA, the statute under which Calvin Perman's initial petition for appointment was granted, states: "When a guardian ad litem is appointed by the court, he must be appointed as follows: .”

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