Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP · Part 2. Guardians of Minors
Montana Code Annotated

Mont. Code Ann. § 72-5-234 (2026)

Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 2
  5. 72-5-234 Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 2. Guardians of Minors

Procedure For Resignation Or Removal -- Petition, Notice, And Hearing -- Representation By Attorney

72-5-234. Procedure for resignation or removal -- petition, notice, and hearing -- representation by attorney. (1) Any person interested in the welfare of a ward or the ward, if 14 years of age or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may but need not include a request for appointment of a successor guardian.

(2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(3) If at any time in the proceeding the court determines that the interests of the ward are or may be inadequately represented, it may order the office of state public defender, provided for in 2-15-1029, to assign counsel under the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent the minor.

History: En. 91A-5-212 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-212; amd. Sec. 64, Ch. 449, L. 2005; amd. Sec. 42, Ch. 358, L. 2017.

Notes of Decisions
Cited in 4 cases, 1985–2012 · leading case: In re D.B.J., 2012 MT 220, 286 P.3d 1201.
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In re D.B.J., 2012 MT 220, 286 P.3d 1201. · cites it 26× “’s guardianship pursuant to the best interests of the child standard at § 72-5-234, MCA? FACTUAL BACKGROUND ¶6 This case presents a complex factual record.”
In Re the Guardianship of J.R.G., 708 P.2d 263 (Mont. 1985). · cites it 6× “We now hold that the District Court must consider the best interests of the child as required by Section 72-5-234, MCA, when a natural parent petitions to have a properly instituted guardianship terminated and custody returned to the parent.”
Matter of D.B.J. YINC, 2012 MT 220. · cites it 23× “’s guardianship pursuant to the best interests of the child standard at § 72-5-234, MCA? Factual Background ¶6 This case presents a complex factual record.”
Matter of R.T. a Minor, 2012 MT 148N. · cites it 6× “The District Court found, pursuant to § 72-5-234, MCA, that it was in the best interests of R.”
Mont. Code Ann. § 72-5-234(1): 3 cases
In re D.B.J., 2012 MT 220, 286 P.3d 1201. “’s guardianship pursuant to the best interests of the child standard at § 72-5-234, MCA? FACTUAL BACKGROUND ¶6 This case presents a complex factual record.”
In Re the Guardianship of J.R.G., 708 P.2d 263 (Mont. 1985). “We now hold that the District Court must consider the best interests of the child as required by Section 72-5-234, MCA, when a natural parent petitions to have a properly instituted guardianship terminated and custody returned to the parent.”
Matter of D.B.J. YINC, 2012 MT 220. “’s guardianship pursuant to the best interests of the child standard at § 72-5-234, MCA? Factual Background ¶6 This case presents a complex factual record.”
Mont. Code Ann. § 72-5-234(2): 1 case
Matter of R.T. a Minor, 2012 MT 148N. “The District Court found, pursuant to § 72-5-234, MCA, that it was in the best interests of R.”
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