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. § 72-5-410 (2026)

Who May Be Appointed Conservator -- Priorities

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 4
  5. 72-5-410 Who may be appointed conservator -- priorities

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

Who May Be Appointed Conservator -- Priorities

72-5-410. Who may be appointed conservator -- priorities. (1) The court may appoint an individual or a corporation with general power to serve as trustee as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:

(a) a conservator, guardian of property, or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides;

(b) an individual or corporation nominated by the protected person if the person is 14 years of age or older and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;

(c) the spouse of the protected person;

(d) an adult child of the protected person;

(e) a parent of the protected person or a person nominated by the will of a deceased parent;

(f) any relative of the protected person with whom the protected person has resided for more than 6 months prior to the filing of the petition;

(g) a person nominated by the person who is caring for the person or paying benefits to the person;

(h) a conservator corporation organized under Title 35, chapter 2;

(i) the public administrator.

(2) A person in priorities listed in subsections (1)(a) and (1)(c) through (1)(f) may nominate in writing a person to serve in that person's stead.

(3) With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve. The court, for good cause, may pass over a person having priority and appoint a person having less priority or no priority.

History: En. 91A-5-410 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-410; amd. Sec. 5, Ch. 362, L. 1985; amd. Sec. 2417, Ch. 56, L. 2009.

Notes of Decisions
Cited in 5 cases, 1997–2016 · leading case: In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015).
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In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). · cites it 20× “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
In Re the Appointment of a Guardian Ad Litem & Conservator for Watson, 939 P.2d 982 (Mont. 1997). · cites it 5× “Section 72-5-410, MCA, lists who may be considered as a conservator to a protected person.”
Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). · cites it 4× “Although the natural parents have priority to be appointed as conservator of their minor child’s estate, § 72-5-410(l)(e), MCA, the parents are also statutorily allowed to nominate someone else to serve in that capacity, § 72-5-410(2), MCA. In this case, Ann-Marie and Stanley…”
Guardianship of H.O., 2016 MT 133N (Mont. 2016). · cites it 7× “¶11 Priority of appointment of a guardian is determined pursuant to § 72-5-312, MCA; priority of appointment of a conservator is determined pursuant to § 72-5-410, MCA. Pursuant to § 72-5-312(2)(a), MCA, a competent person “nominated by the incapacitated person if the court…”
Matter of Deziret Adair, 2010 MT 211N (Mont. 2010). · cites it 2× “¶3 In a February 2008 hearing, the District Court appointed Thompson as conservator over Adair and Thompson’s objections, noting that § 72-5-410(1)(e), MCA, prioritized Thompson’s appointment as conservator as Adair’s parent.”
Mont. Code Ann. § 72-5-410(1): 1 case
Guardianship of H.O., 2016 MT 133N (Mont. 2016). “¶11 Priority of appointment of a guardian is determined pursuant to § 72-5-312, MCA; priority of appointment of a conservator is determined pursuant to § 72-5-410, MCA. Pursuant to § 72-5-312(2)(a), MCA, a competent person “nominated by the incapacitated person if the court…”
Mont. Code Ann. § 72-5-410(1)(b): 1 case
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
Mont. Code Ann. § 72-5-410(1)(d): 1 case
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
Mont. Code Ann. § 72-5-410(1)(e): 1 case
Matter of Deziret Adair, 2010 MT 211N (Mont. 2010). “¶3 In a February 2008 hearing, the District Court appointed Thompson as conservator over Adair and Thompson’s objections, noting that § 72-5-410(1)(e), MCA, prioritized Thompson’s appointment as conservator as Adair’s parent.”
Mont. Code Ann. § 72-5-410(2): 1 case
Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). “Although the natural parents have priority to be appointed as conservator of their minor child’s estate, § 72-5-410(l)(e), MCA, the parents are also statutorily allowed to nominate someone else to serve in that capacity, § 72-5-410(2), MCA. In this case, Ann-Marie and Stanley…”
Mont. Code Ann. § 72-5-410(3): 2 cases
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
Guardianship of H.O., 2016 MT 133N (Mont. 2016). “¶11 Priority of appointment of a guardian is determined pursuant to § 72-5-312, MCA; priority of appointment of a conservator is determined pursuant to § 72-5-410, MCA. Pursuant to § 72-5-312(2)(a), MCA, a competent person “nominated by the incapacitated person if the court…”
Mont. Code Ann. § 72-5-410(l)(b): 1 case
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
Mont. Code Ann. § 72-5-410(l)(d): 1 case
In Re the Guardianship & Conservatory of A.M.M., 2015 MT 250 (Mont. 2015). “” Section 72-5-410(1)(b), MCA. The District Court considered A.”
Mont. Code Ann. § 72-5-410(l)(e): 2 cases
In Re the Appointment of a Guardian Ad Litem & Conservator for Watson, 939 P.2d 982 (Mont. 1997). “Section 72-5-410, MCA, lists who may be considered as a conservator to a protected person.”
Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). “Although the natural parents have priority to be appointed as conservator of their minor child’s estate, § 72-5-410(l)(e), MCA, the parents are also statutorily allowed to nominate someone else to serve in that capacity, § 72-5-410(2), MCA. In this case, Ann-Marie and Stanley…”
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