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. § 72-5-404 (2026)

Request For Notice -- Interested Person

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 4
  5. 72-5-404 Request for notice -- interested person

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

Request For Notice -- Interested Person

72-5-404. Request for notice -- interested person. (1) An interested person who desires to be notified before any order is made in a protective proceeding may file with the clerk a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed.

(2) A request is not effective unless it contains a statement showing the interest of the person making it and the person's address or that of the person's attorney and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.

History: En. 91A-5-406 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-406; amd. Sec. 2412, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1993–2025 · leading case: Tisher v. Norwest Capital Mgmt. & Trust Co., 859 P.2d 984 (Mont. 1993).
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Tisher v. Norwest Capital Mgmt. & Trust Co., 859 P.2d 984 (Mont. 1993). · cites it 2× “Furthermore, as a practical matter, Norwest had no way of ascertaining the identities or addresses of those persons who might wish to receive notice of the conservator’s final accounting, absent a request for notice as provided in § 72-5-404, MCA (1987). We conclude that the…”
In Re the Guardianship & Conservatorship of Anderson, 2009 MT 344 (Mont. 2009). · cites it 2× “) 4 The conservatorship statutes further provide an additional notice provision at § 72-5-404(1), MCA, permitting “[a]ny interested person who desires to be notified before any order is made in a protective proceeding [to] file with the clerk a request for notice .”
Conservatorship of S.H.C., 2025 MT 151N (Mont. 2025). · cites it 2× “Notice of a petition for conservatorship is governed by § 72-5-404, MCA. On appeal, Sharon Stanhope contests David’s status as an interested person under § 72-1-103(25), MCA.”
— Mont. Code Ann. § 72-5-404(1) — 1 case
In Re the Guardianship & Conservatorship of Anderson, 2009 MT 344 (Mont. 2009). “) 4 The conservatorship statutes further provide an additional notice provision at § 72-5-404(1), MCA, permitting “[a]ny interested person who desires to be notified before any order is made in a protective proceeding [to] file with the clerk a request for notice .”
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