Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 72-5-101 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 1
  5. 72-5-101 Definitions

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1. General Provisions

Definitions

72-5-101. Definitions. Unless otherwise apparent from the context, in chapters 1 through 5 and chapter 16, part 6, the following definitions apply:

(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the person or which cause has so impaired the person's judgment that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment.

(2) "Protected person" means a minor or other person for whom a conservator has been appointed or other protective order has been made.

(3) "Protective proceeding" means a proceeding under the provisions of 72-5-409 to determine that a person cannot effectively manage or apply the person's estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief.

(4) "Substituted judgment" means the judgment that an incapacitated person would make if restored to capacity based upon:

(a) the person's present preference or, if the person is incapable of indicating the person's preference, the person's prior expressed preference;

(b) the person's personal, moral, and religious convictions;

(c) the person's relationship with family members;

(d) the consequences if the action proposed is not taken;

(e) the consequences if the action proposed is taken; and

(f) other relevant factors.

(5) "Ward" means a person for whom a guardian has been appointed. A "minor ward" is a minor for whom a guardian has been appointed solely because of minority.

History: En. 91A-5-101 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-101; amd. Sec. 1, Ch. 382, L. 1991; amd. Sec. 2396, Ch. 56, L. 2009; amd. Sec. 1, Ch. 237, L. 2009.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1981–2024 · leading case: State v. Richeson, 2004 MT 113 (Mont. 2004).
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State v. Richeson, 2004 MT 113 (Mont. 2004). · cites it 6× “Section 72-5-101(1), MCA, defines "incapacitated person" as follows: "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except…”
In Re the Guardianship & Conservatorship of Swandal, 681 P.2d 701 (Mont. 1984). · cites it 6× “) An “incapacitated person” is defined in Section 72-5-101(1), MCA, “. . . any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the…”
In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 2× “is an incapacitated person as defined by § 72-5-101(1), MCA. To protect A.M.M. and her substantial assets, the court appointed Poison attorney Casey Emerson as A.”
Matter of Est. of West, 887 P.2d 222 (Mont. 1994). · cites it 4× “Don contends that the District Court's decision to retain a limited guardian is incorrect for two reasons.”
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). · cites it 4× “is an incapacitated person as defined by § 72-5-101(1), MCA. The District Court found that A.”
Montana Conf. of the Seventh-Day Adventist Church v. Est. of Miller Ex Rel. Harr, 628 P.2d 1100 (Mont. 1981). · cites it 5× “) But the allegation as to “diminished mental capacity” is not found within the definition of an “incapacitated person” in section 72-5-101(1), MCA, which sets out the grounds to apply for guardianship of an adult.”
In re the Est. of M.D., 388 P.3d 954 (Mont. 2017). · cites it 4× “No medical testimony was offered to support Robert’s opinion.”
Raymond v. Pickering (In Re Pickering), 182 B.R. 268 (Bankr. D. Mont. 1995). “…Code,” Chapters 33 through 36 (Mont.Code Ann. § 72-33-101 et seq.) does not apply to conservator proceedings under §§ 72-5-101 to 502 by virtue of §§ 72-33-102 and -106 and § 72-5-405. Section 72-5-436(4) specifically allows the Court to determine the liability between the…”
V.l-s. v. M.S., 2011 MT 313 (Mont. 2011). · cites it 2× “]” Mother was appointed, and continues to be, the guardian and conservator of both twins.”
Guardianship of J.S.M., 2021 MT 86 (Mont. 2021). · cites it 3× “” ¶15 Carol acknowledges that she did not “automatically” become the children’s guardian under § 72-5-211, MCA, upon acceptance of Josh’s testamentary appointment 3 Section 72-5-101(1), MCA, defines “incapacitated person” as “any person who is impaired by reason of mental…”
Matter of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 2× “On October 7, 2014, the court granted Timothy’s voluntary withdrawal as Co-Conservator. ¶4 On January 2, 2015, Guardian filed a motion for preliminary injunction and temporary restraining order asking the District Court to enjoin Timothy and Genet from engaging in certain…”
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024). “Sections 72-5-101(5), 72-1-103(8), 72-5-306, MCA.”
Show all 15 citing cases →
— Mont. Code Ann. § 72-5-101(1) — 11 cases
State v. Richeson, 2004 MT 113 (Mont. 2004). “Section 72-5-101(1), MCA, defines "incapacitated person" as follows: "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except…”
In Re the Guardianship & Conservatorship of Swandal, 681 P.2d 701 (Mont. 1984). “) An “incapacitated person” is defined in Section 72-5-101(1), MCA, “. . . any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the…”
In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). “is an incapacitated person as defined by § 72-5-101(1), MCA. To protect A.M.M. and her substantial assets, the court appointed Poison attorney Casey Emerson as A.”
Matter of Est. of West, 887 P.2d 222 (Mont. 1994). “Don contends that the District Court's decision to retain a limited guardian is incorrect for two reasons.”
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “is an incapacitated person as defined by § 72-5-101(1), MCA. The District Court found that A.”
— Mont. Code Ann. § 72-5-101(5) — 1 case
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024). “Sections 72-5-101(5), 72-1-103(8), 72-5-306, MCA.”
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