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. § 72-5-306 (2026)

Purpose And Basis For Guardianship

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 3
  5. 72-5-306 Purpose and basis for guardianship

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3. Guardians of Incapacitated Persons

Purpose And Basis For Guardianship

72-5-306. Purpose and basis for guardianship. Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person. The guardianship must be designed to encourage the development of maximum self-reliance and independence in the person and may be ordered only to the extent that the person's actual mental and physical limitations require it. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.

History: En. Sec. 2, Ch. 344, L. 1981.

Notes of Decisions
Cited in 13 cases, 1983–2016 · leading case: Matter of Est. of West, 887 P.2d 222 (Mont. 1994).
Sort: Relevance Newest Treatment
Matter of Est. of West, 887 P.2d 222 (Mont. 1994). · cites it 10× “Section 72-5-306, MCA, describes the purpose and basis for appointing a guardian, whether it be a full or a limited guardianship: Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person.”
Matter of Guardianship of Nelson, 663 P.2d 316 (Mont. 1983). · cites it 6× “Did the District Court err in failing to consider whether *94 the appointed guardian would encourage the development of maximum self-reliance and independence of the ward, pursuant to section 72-5-306, MCA? 4. Did the District Court err in not allowing the testimony of Dr.”
In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 3× “However, Timothy and Genet do not advance any authority for their proposition that the constitutional rights of adult children are implicated in the guardianship and conservatorship proceedings of an incapacitated parent.”
In Re the Guardianship & Conservatorship of Swandal, 681 P.2d 701 (Mont. 1984). · cites it 7× “Essentially, the petitioners argue that the physical infirmities of the Swandals make it difficult for them to manage their affairs, and therefore that they are “incapacitated person(s)” within the meaning of Section 72-5-306, MCA, such as to require the appointment of a…”
In Re the Est. of Bayers, 1999 MT 162 (Mont. 1999). · cites it 2× “Appellant’s reliance upon these cases, however, is misplaced, because a petition to appoint a guardian is not an adversarial proceeding, but rather a proceeding to promote the best interests of the person for whom guardianship is sought.”
In Re the Marriage of Denowh, 2003 MT 244 (Mont. 2003). · cites it 3× “This being so, pursuant to § 72-5-321(2), MCA (1999), the guardian of an incapacitated person likewise does not have the “power, right, or duty” to bring or maintain a dissolution proceeding on behalf of his or her ward.”
In re J. A. L., 2014 MT 196 (Mont. 2014). · cites it 3× “” Section 72-5-312, MCA, sets forth priorities for appointment as guardian of an incapacitated person. Relevant to this proceeding, absent the incapacitated person’s reasonably intelligent choice, the spouse of the incapacitated person has first priority, followed by the…”
In Re Co-Guardianship of D.A., 2004 MT 302 (Mont. 2004). · cites it 6× “¶ 13 Section 72-5-306, MCA, dictates that designation of guardianship of an incapacitated person may only be used as necessary to enhance the well-being of a person and must be designed to promote as much independence and self-reliance as possible in the best interest of the…”
Raymond v. Pickering (In Re Pickering), 182 B.R. 268 (Bankr. D. Mont. 1995). · cites it 2× “Mont.Code Ann. § 72-5-306, inter alia, provides that a guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person.”
Matter of A.M.M., 2016 MT 213 (Mont. 2016). · cites it 3× “However, Timothy and Genet do not advance any authority for their proposition that the constitutional rights of adult children are implicated in the guardianship and conservatorship proceedings of an incapacitated parent.”
Guardianship & Conservatorship Of, 2011 MT 27N (Mont. 2011). · cites it 2× “’s] maximum self-reliance and independence,” as required under § 72-5-306, MCA. ¶7 Marcinkowski timely appealed.”
In Matter of Guardianship & Conservatorship of Ellingson, 2009 MT 122 (Mont. 2009). · cites it 2× “The court further concluded that under § 72-5-306, MCA, the appointment of a permanent, full guardian was appropriate.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.