Montana Code Annotated

Mont. Code Ann. § 72-5-325 (2026)

Petition For Removal Or Resignation Of Guardian -- Termination Of Incapacity -- Appointment Of Successor Guardian

✓ current as of May 2026

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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3. Guardians of Incapacitated Persons

Petition For Removal Or Resignation Of Guardian -- Termination Of Incapacity -- Appointment Of Successor Guardian

72-5-325. Petition for removal or resignation of guardian -- termination of incapacity -- appointment of successor guardian. (1) On petition of the ward or any person interested in the ward's welfare, the court, after hearing, may remove a guardian if in the best interests of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.

(2) An order adjudicating incapacity may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court, and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

(3) Upon removal, resignation, or death of the guardian or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.

History: En. 91A-5-307 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-307; amd. Sec. 21, Ch. 582, L. 1989.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2004–2021 · leading case: State v. Richeson, 2004 MT 113 (Mont. 2004).

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State v. Richeson, 2004 MT 113 (Mont. 2004). · cites it 4× “See § 72-5-325(1), MCA. ¶ 38 In the case of a prisoner, there is no prior judicial determination as to whether such person falls under the statutory definition of "incapacitated person," nor is there an appointment of a guardian who is under the direct supervision of the court.”

Gardner v. Gardner, 2014 MT 290 (Mont. 2014). · cites it 2× “See § 72-5-325(1), MCA (“the court . . . may remove a guardian if in the best interests of the ward”); cf.”

In re Guardianship of C.H., 194 A.3d 1174 (Vt. 2018). “"); Mont. Code Ann. § 72-5-325 (1) ("On petition of the ward or any person interested in the ward's welfare, the court, after hearing, may remove a guardian if in the best interests of the ward.”

In Re the Guardianship & Conservatorship of Gilroy, 2004 MT 267 (Mont. 2004). · cites it 2× “Eisentraut contends he entered a family “war zone” without any direct interest in any disposition at the recommendation of Adult Protective Services, but that, in any event, he has acted in Mrs.”

Est. of L.D.L., 2014 MT 291N (Mont. 2014). · cites it 2× “See § 72-5-325(1), MCA (“the court . . . may remove a guardian if in the best interests of the ward”); cf.”

In the Matter of S.C.J., 2021 MT 139N (Mont. 2021). · cites it 2× “3d 650 ; see also § 72-5-325(1), MCA. We will not disturb the findings supporting a district court’s determination of whether to terminate a guardianship unless they are clearly erroneous.”

Matter of S. M., 2014 MT 101N (Mont. 2014). · cites it 2× “without a petition, interview, examination, and without a hearing for such purpose as required”; did not base its decision on substantial credible evidence; fatally harmed S.”

— Mont. Code Ann. § 72-5-325(1) — 4 cases

State v. Richeson, 2004 MT 113 (Mont. 2004). “See § 72-5-325(1), MCA. ¶ 38 In the case of a prisoner, there is no prior judicial determination as to whether such person falls under the statutory definition of "incapacitated person," nor is there an appointment of a guardian who is under the direct supervision of the court.”

Gardner v. Gardner, 2014 MT 290 (Mont. 2014). “See § 72-5-325(1), MCA (“the court . . . may remove a guardian if in the best interests of the ward”); cf.”

Est. of L.D.L., 2014 MT 291N (Mont. 2014). “See § 72-5-325(1), MCA (“the court . . . may remove a guardian if in the best interests of the ward”); cf.”

In the Matter of S.C.J., 2021 MT 139N (Mont. 2021). “3d 650 ; see also § 72-5-325(1), MCA. We will not disturb the findings supporting a district court’s determination of whether to terminate a guardianship unless they are clearly erroneous.”

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