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. § 72-5-423 (2026)

Fiduciary Duty Of Conservator

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 5
  4. Part 4
  5. 72-5-423 Fiduciary duty of conservator

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

Fiduciary Duty Of Conservator

72-5-423. Fiduciary duty of conservator. In the exercise of a conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.

History: En. 91A-5-417 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-417; amd. Sec. 2424, Ch. 56, L. 2009.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1989–2023 · leading case: In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236 (Mont. 2005).
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In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236 (Mont. 2005). · cites it 25× “A; to take reasonable steps under the circumstances to take and keep control of and to preserve the conservatorship property, § 72-34-107, MCA; to make the conservatorship property productive, § 72-34-108, MCA; and to properly administer the estate pursuant to § 72-34-114(1) and…”
Redies v. Attorneys Liab. Prot. Soc'y, 2007 MT 9 (Mont. 2007). · cites it 8× “In furtherance of the performance of his fiduciary duties, Cosner retained Addy to advise and assist him, as he was empowered to do under § 72-5-427(3)(w), MCA, and the two then met in September 1995 to determine how best to conserve and manage Redies' estate. ¶ 8. Once a…”
In Re the Est. of Stukey, 2004 MT 279 (Mont. 2004). · cites it 6× “2d 299 ; Section 72-5-423, MCA. A conservator owes a duty of loyalty to his or her ward and must not place himself or herself in a position where his or her individual interests conflict with the interests of the ward.”
Redies v. Cosner, 2002 MT 86 (Mont. 2002). · cites it 4× “This order reads: Pursuant to § 72-5-423, MCA, one who is appointed a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.”
In Re the Conservatorship of J.R., 2011 MT 62 (Mont. 2011). · cites it 7× “¶21 Section 72-5-423, MCA, provides that in the exercise of the conservator’s powers, the conservator is to act as a fiduciary and observe the standards of care applicable to trustees as specified in Title 72, chapter 34, part 1.”
Matter of Est. of Clark, 772 P.2d 299 (Mont. 1989). · cites it 3× “Section 72-5-423, MCA. Appellants argue that the District Court failed to measure Brad’s actions against these rigorous standards.”
In Re the Guardianship & Conservatorship of Anderson, 2009 MT 344 (Mont. 2009). · cites it 2× “¶15 The conservator is a fiduciary, §72-5-423, MCA, and her duties and powers are enumerated at §72-5-427, MCA, et seq.”
Raymond v. Pickering (In Re Pickering), 182 B.R. 268 (Bankr. D. Mont. 1995). · cites it 2× “Mont.Code Ann. § 72-5-423 makes it incumbent upon a conservator as a fiduciary to observe the standards of care applicable to trustees.”
Est. of A.H.E., 2016 MT 315N (Mont. 2016). · cites it 2× “Ian objected to Wuertz’s motion and on May 10, 2016, the Yellowstone District Court denied Ian’s motion to remove Wuertz. Ian appeals.”
Redies v. Cosner, 2002 MT 86 (Mont. 2002). · cites it 4× “This order reads: Pursuant to § 72-5-423, MCA, one who is appointed a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.”
Est. of Lewis, 2023 MT 35N (Mont. 2023). · cites it 2× “¶8 The District Court concluded that Langlois breached his fiduciary duty—detailed in §§ 72-38-801 through -813, MCA, and made applicable to conservators through § 72-5-423, MCA—in three ways: first, he did not take reasonable steps to control and protect Barbara’s personal…”
Strate v. Wishman (In Re Strate), 259 B.R. 711 (Bankr. D. Mont. 2001). · cites it 3× “1999) (In interpreting an identical statute, the Court concluded “a conservator is vested with title as trustee.”
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