Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP · Part 4. Protection of Property of Minors and Persons Under Disability
Montana Code Annotated

Mont. Code Ann. § 72-5-401 (2026)

Original Petition For Appointment Or Protective Order -- Who May Petition

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 4
  5. 72-5-401 Original petition for appointment or protective order -- who may petition

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 4. Protection of Property of Minors and Persons Under Disability

Original Petition For Appointment Or Protective Order -- Who May Petition

72-5-401. Original petition for appointment or protective order -- who may petition. The person to be protected, any person who is interested in that person's estate, affairs, or welfare, including that person's parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of the property and affairs of the person to be protected may petition for the appointment of a conservator or for other appropriate protective order.

History: En. 91A-5-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-404(1); amd. Sec. 2409, Ch. 56, L. 2009.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1980–2021 · leading case: In Re the Conservatorship of Kloss, 2005 MT 39 (Mont. 2005).
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In Re the Conservatorship of Kloss, 2005 MT 39 (Mont. 2005). · cites it 20× “¶2 We must decide whether Robert James (James), an attorney for an adverse party in a related case, has standing to petition for a conservatorship of Kloss pursuant to § 72-5-401, MCA. BACKGROUND ¶3 Kloss is a 97 year old widow without any children or grandchildren.”
Redies v. Attorneys Liab. Prot. Soc'y, 2007 MT 9 (Mont. 2007). · cites it 2× “3d 3, ¶ 14 (citing § 72-5-401 to -439, MCA), the policy of preventing the type of harm suffered by Redies from occurring to protected persons in the future weighs heavily in favor of a duty of care.”
In Re the Est. of Bayers, 2001 MT 49 (Mont. 2001). · cites it 2× “Formal discovery proceedings were not required for Conservator to obtain documents deemed relevant to the protected person's estate. ¶15 McGimpsey intentionally led Conservator to believe he possessed documents relevant to Bayers' estate.”
Stewart v. Rice, 2013 MT 55 (Mont. 2013). · cites it 2× “” Offering no authority, she argues that Stephens was required to file a separate motion requesting a competency evaluation.”
Matter of Est. of Merkel, 618 P.2d 872 (Mont. 1980). “See sections 72-5-401 et seq., MCA. Additionally, pre-Uniform Probate Code law in most states gave to a court of competent jurisdiction the responsibility for making the decision of whether or not the incompetent spouse should elect against the decedent’s will, 80 Am.”
Matter of H.D.K., 2021 MT 254 (Mont. 2021). · cites it 5× “Estate of Bayers, ¶ 14; § 72-5-401, MCA. To promote those interests, a petition to appoint a conservator may be filed by: the person to be protected; any person who is interested in that person’s estate, affairs, or welfare; or any person who would be adversely impacted by…”
In re Guardianship of C.H., 194 A.3d 1174 (Vt. 2018). “Compare Mont. Code Ann. § 72-5-401 (stating that "any person who is interested in that person's estate, affairs, or welfare" may petition for the appointment of a conservator), with id .”
Raymond v. Pickering (In Re Pickering), 182 B.R. 268 (Bankr. D. Mont. 1995). ““The statute must define the trust res, spell out the trustee’s fiduciary duties and impose a trust prior to and without reference to the wrong which created the debt.”
Matter of H.D.K. (Mont. 2021). · cites it 2× “” This matter on appeal pertains to § 72-5-401, MCA, original petition for appointment or protective order.”
Matter of H.D.K. (Mont. 2021). · cites it 2× “” This matter on appeal pertains to § 72-5-401, MCA, original petition for appointment or protective order.”
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