Montana Code Annotated

Mont. Code Ann. § 72-5-414 (2026)

Resignation Or Removal Of Conservator For Cause -- Successor Conservator

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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

Resignation Or Removal Of Conservator For Cause -- Successor Conservator

72-5-414. Resignation or removal of conservator for cause -- successor conservator. The court may remove a conservator for good cause, upon notice and hearing, or may accept the resignation of a conservator. After the conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.

History: En. 91A-5-415 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-415; amd. Sec. 5, Ch. 6, L. 1979; amd. Sec. 2421, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases, 2004–2016 · leading case: In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236, 121 P.3d 532.
In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236, 121 P.3d 532. · cites it 10× “Tim claims that she has not argued according to the standard for removal of a conservator, set forth at § 72-5-414, MCA, despite alleging breaches on his part of the aforementioned fiduciary duties.”
Est. of A.H.E., 2016 MT 315N. · cites it 10× “’s assets or take a “position on behalf of A.H.E. regarding income.” Wuertz moved to have the Motion to Remove Conservator dismissed on the grounds that Ian’s motion did not make a prima facie case under § 72-5-414, MCA.”
In Re the Guardianship & Conservatorship of Gilroy, 2004 MT 267, 99 P.3d 205. · cites it 3× “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.”
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