Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP · Part 3. Guardians of Incapacitated Persons
Montana Code Annotated

Mont. Code Ann. § 72-5-305 (2026)

Definitions

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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 3
  5. 72-5-305 Definitions

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3. Guardians of Incapacitated Persons

Definitions

72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply:

(1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321.

(2) "Guardian" includes a full guardian and a limited guardian.

(3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.

(4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.

(5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in:

(a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and

(b) communicating a decision, once made, if consistent with the person's wishes.

History: En. Sec. 1, Ch. 344, L. 1981; amd. Sec. 1, Ch. 40, L. 2021.

Notes of Decisions
Cited in 2 cases, 1983–2005 · leading case: Matter of Guardianship of Nelson, 663 P.2d 316 (Mont. 1983).
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Matter of Guardianship of Nelson, 663 P.2d 316 (Mont. 1983). · cites it 3× “We therefore conclude that the term “guardian” was used by the District Court to imply a full guardian as permitted by section 72-5-305(3), MCA, and that the appointed guardian is to possess all the legal duties and powers of a full guardian as enumerated in section 72-5-321,…”
In re the Guardianship & Conservatorship of Saylor, 2005 MT 236, 121 P.3d 532. · cites it 2× “See §§ 72-5-305(3) and 316(2), MCA. Among Deane’s powers was “to assert and protect [Elizabeth’s] rights .”
Mont. Code Ann. § 72-5-305(3): 2 cases
Matter of Guardianship of Nelson, 663 P.2d 316 (Mont. 1983). “We therefore conclude that the term “guardian” was used by the District Court to imply a full guardian as permitted by section 72-5-305(3), MCA, and that the appointed guardian is to possess all the legal duties and powers of a full guardian as enumerated in section 72-5-321,…”
In re the Guardianship & Conservatorship of Saylor, 2005 MT 236, 121 P.3d 532. “See §§ 72-5-305(3) and 316(2), MCA. Among Deane’s powers was “to assert and protect [Elizabeth’s] rights .”
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