Guardianship of Incapacitated Person in Montana
If someone is incapacitated and needs another person to make some decisions for them, a guardianship may be appropriate. This is a general overview of the steps to set up a guardianship for an incapacitated person in Montana. Guardianship of children is somewhat different.
Petition & ServiceComplete and file a Petition with the court outlining details such as why the incapacitated person needs a guardian, who is proposed to become the guardian, and contacts details about the people involved. File proposed orders appointing a physician and visitor (see #2 below). In addition to filing, you must give notice to interested parties, like the incapacitated person's spouse, parents, or children.
Reports: Doctor & VisitorTwo third parties will be involved in the process: a physician and a "visitor." The physician will examine and interview the incapacitated person. The visitor will interview the doctor, the person filing the petition, the proposed guardian, and will visit the proposed residence of the incapacitated person. The physician and visitor will then file their reports with the court.
Hearing & Letters of GuardianshipAfter all the reports are filed and interested parties have been given notice, attend the hearing where the judge will ask you questions about the proposed guardianship. If the judge orders the guardianship, the Clerk of Court's office will issue "letters of guardianship" which are proof of the guardianship.
ReportingFinally, guardians are required to make yearly reports to the court on the condition of the incapacitated person. These reports must be served on any interested parties (see above #1).