Montana Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Montana court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on MCA Title 72, chapter 5 (Uniform Probate Code, Persons Under Disability: Guardianship and Conservatorship), parts 1 through 6, 72-5-101 et seq.

By Settled Estate EditorialPublished: June 28, 2026Updated: September 27, 2026

What guardianship and conservatorship mean here

Guardianship in Montana is a district court case. A guardian makes personal decisions, such as where a person lives and what medical care they receive, for an adult the court finds incapacitated or for a minor. A conservator manages money and property. Montana's statute says guardianship may be used only as necessary to protect the person, must encourage maximum self-reliance, and may be ordered only to the extent the person's actual limitations require, and a person under guardianship keeps every legal and civil right the court order does not expressly take away. Since 2021 the petition must describe the less restrictive alternatives that were tried, and the court may appoint a guardian only if it finds the person's needs cannot be met by one. Montana requires a court-appointed physician's examination and an interview by a court visitor before an adult guardianship hearing, and the person has a right to a jury.

Montana uses guardian for decisions about the person and conservator for decisions about money and property. A guardian can be full or limited. A conservator is appointed in a protective proceeding under part 4 of chapter 5. The person under guardianship is the ward, and the person whose estate a conservator manages is the protected person (MCA 72-5-101).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Full Guardian of an Incapacitated Person

A full guardian has all the powers and duties in MCA 72-5-321: the same powers, rights and duties over the ward that a parent has over an unemancipated minor child, including custody and setting the ward's residence inside or outside Montana, consent to medical care, and care of the ward's personal effects, subject to limits the court sets. A full guardian may not consent to withholding or withdrawing life-sustaining treatment or to a do not resuscitate order without authority under the Rights of the Terminally Ill Act or a court order, and may not involuntarily commit the ward except under the Title 53 commitment procedures. The order must say that a full guardianship is being created.

MCA 72-5-305(1); 72-5-321(2)

Conservator of a Protected Person's Estate

A conservator manages the money and property of an adult who cannot manage them effectively, or of a minor. Anyone interested in the person's estate, affairs or welfare, including the person, may petition. The conservator acts as a fiduciary under the standards of care that apply to trustees, files an inventory within 90 days, and accounts to the court at least annually unless the court directs otherwise. A conservatorship order has no effect on the protected person's capacity.

MCA 72-5-409; 72-5-401; 72-5-423; 72-5-424; 72-5-438; 72-5-421(5)

Limited Guardian of an Incapacitated Person

A limited guardian has fewer than all of a full guardian's powers, and only those the court lists by name. The petition must name the particular powers sought and the term requested, and the order must specify the powers, duties and the period of the limited guardianship. Purposes include care and maintenance, protecting the person's rights, consent to necessary medical procedures, and arranging training, habilitation and education. The court can create a limited guardianship even when a full one was requested.

MCA 72-5-305(4); 72-5-320; 72-5-316(2)

More guardianship types7 additional arrangements courts use in specific situations, with statute cites

Guardian of a Minor by Court Appointment

The district court may appoint a guardian for an unmarried minor when all parental rights of custody have been terminated, or when parental rights have been suspended or limited by circumstances or a prior court order. The court may appoint anyone whose appointment serves the minor's best interests, including continuity of care, and must appoint the person a minor aged 14 or older nominates unless that is contrary to the minor's best interests. A guardian of a minor has a parent's powers and responsibilities but need not support the minor from the guardian's own funds.

MCA 72-5-222; 72-5-223; 72-5-231

Testamentary Guardian of a Minor

A parent may appoint a guardian of an unmarried minor by will. The appointment takes effect when the guardian files an acceptance in the court where the will is probated, if both parents are dead or the surviving parent has been adjudged incapacitated. If both parents are dead, the appointment by the parent who died later has priority. A minor aged 14 or older may block or end the appointment by filing a written objection before acceptance or within 30 days after notice of acceptance.

MCA 72-5-211; 72-5-213

Parental or Spousal Appointment of a Guardian for an Incapacitated Adult

The parent of an unmarried incapacitated person, or the spouse of a married incapacitated person, may appoint a guardian by will or by another writing signed by the parent or spouse and attested by at least two witnesses. The appointee gives 7 days' prior written notice to the incapacitated person and the caregiver or nearest adult relative, then files an acceptance with the court. A spouse's appointment outranks a parent's. The incapacitated person can end the appointment by filing a written objection, although the court may still appoint the same person after an adjudication of incapacity.

MCA 72-5-302; 72-5-304

Conservator for a Minor

A conservator or other protective order may be put in place for a minor who owns money or property that needs management or protection that cannot otherwise be provided, who has business affairs that minority may jeopardize, or who needs funds for support and education. The court sets a hearing and may have counsel assigned to the minor through the Office of State Public Defender if the minor's interests are not adequately represented.

MCA 72-5-409(1); 72-5-408(1)

Temporary Guardian

If an appointed guardian is not effectively performing, or there is no guardian and the person's welfare requires immediate action, the court may appoint a full or limited temporary guardian, with or without notice, for a specified period of no more than 6 months. The court may give a temporary guardian only the powers the situation requires. A temporary guardian of a minor may also be appointed and serves no more than 6 months.

MCA 72-5-317(2); 72-5-224

Temporary Conservator

While a conservatorship petition is pending, the court may preserve and apply the person's property after a preliminary hearing and without notice to others. If the person's welfare requires immediate action, the court may appoint a temporary conservator, with or without notice, for a specified period of no more than 6 months, and the order must state the temporary conservator's specific powers and duties.

MCA 72-5-421(1)

Special Conservator for a Single Protective Arrangement

Where a basis for protection exists, the court may authorize or ratify a particular transaction or arrangement, such as a sale, a trust, or a life-care contract, without appointing a general conservator, and may appoint a special conservator to carry it out. The special conservator has only the authority in the order and serves until discharged after reporting to the court.

MCA 72-5-422

The Montana guardianship court process

1Confirm guardianship is the right toolMontana courts may appoint a guardian only when the person's needs cannot be met by a less restrictive alternative.

Montana courts may appoint a guardian only when the person's needs cannot be met by a less restrictive alternative. Look first at a durable financial power of attorney, a health care power of attorney, supported decisionmaking, a representative payee for benefit income, or a single court-approved protective arrangement. If the person could handle their own health and safety with help only on money, the case belongs in a conservatorship instead.

2Prepare the petitionThe incapacitated person or anyone interested in their welfare, including the county attorney, may petition.

The incapacitated person or anyone interested in their welfare, including the county attorney, may petition. The petition must give the petitioner's and the person's names and addresses, the nature and degree of the incapacity, the property involved if the petition affects it, any existing guardian or conservator, the proposed guardian, the closest relatives, the reasons a guardian is needed including the less restrictive alternatives tried or why none were, whether a full or limited guardianship is requested, and the specific powers and limits sought. It may also ask for a temporary guardian, stating the facts that make one necessary.

3File in the right district court and pay the feeFile with the clerk of district court in the county where the person resides or is present.

File with the clerk of district court in the county where the person resides or is present. The clerk charges $100 to open a guardianship case and $100 to open a conservatorship case under the Montana Clerks of District Courts fee schedule. A person who cannot pay may ask the court to waive fees by affidavit supported by a financial statement.

4The court sets a hearing and counsel is addressedOn filing, the court sets a hearing on incapacity.

On filing, the court sets a hearing on incapacity. The person may have a lawyer of their choosing, or the court may appoint an appropriate official or order the Office of State Public Defender to assign counsel. In a conservatorship for reasons other than minority, the court shall order the public defender to assign counsel unless the person already has a lawyer.

5Physician examination and visitor interviewThe person must be examined by a physician the court appoints, who files a written report, and interviewed by a court visitor.

The person must be examined by a physician the court appoints, who files a written report, and interviewed by a court visitor. The visitor is trained in law, nursing, social work, medicine, mental health, pastoral care, education or rehabilitation, has no personal interest in the case, and also interviews the petitioner and the proposed guardian, visits the person's current home and the proposed residence, and files a written report.

6Give notice of the hearingNotice goes to the person, their spouse, parents and adult children, any current guardian, conservator or caregiver, and, if none of those, at least one of the closest adult relatives.

Notice goes to the person, their spouse, parents and adult children, any current guardian, conservator or caregiver, and, if none of those, at least one of the closest adult relatives. The person, spouse and parents must be served personally if they can be found in Montana; others get notice by mail or personal delivery at least 14 days before the hearing, or by publication if they cannot be found. The person's waiver of notice counts only if they attend or confirm it with the visitor.

7Attend the hearingThe person has the right to be present, to see or hear all evidence about their condition, to be represented by counsel, to present evidence, to cross-examine witnesses including the physician and the visitor, and to a jury trial.

The person has the right to be present, to see or hear all evidence about their condition, to be represented by counsel, to present evidence, to cross-examine witnesses including the physician and the visitor, and to a jury trial. The hearing may be closed and without a jury if the person or their lawyer asks.

8Findings and orderThe court makes specific findings of fact and may appoint a full guardian or a limited guardian, treat the case as a conservatorship, or dismiss.

The court makes specific findings of fact and may appoint a full guardian or a limited guardian, treat the case as a conservatorship, or dismiss. The order must say whether the guardianship is full or limited, must list a limited guardian's powers and the period, and must state that the person keeps every right the order does not limit by name.

9Accept the appointmentBy accepting appointment, the guardian submits personally to the court's jurisdiction in any later proceeding about the guardianship, and notice of those proceedings is mailed to the address in the court records.

By accepting appointment, the guardian submits personally to the court's jurisdiction in any later proceeding about the guardianship, and notice of those proceedings is mailed to the address in the court records.

10Report every yearUnless the court waives it, a full guardian reports annually on the ward's condition and any estate in the guardian's control, and serves a copy on a parent, child or sibling who has filed a request for notice.

Unless the court waives it, a full guardian reports annually on the ward's condition and any estate in the guardian's control, and serves a copy on a parent, child or sibling who has filed a request for notice. If the clerk finds a report was not filed, the court orders the guardian to file it and show good cause for the delay. A conservator files an inventory within 90 days and accounts at least annually. The Judicial Branch publishes guardian care plan, inventory, annual accounting and annual report forms.

11Restoration, removal or terminationThe ward or anyone interested may petition to end the guardianship on the ground that the ward is no longer incapacitated, subject to any waiting period of up to 6 months in the original order; the ward may also ask the court informally, and anyone who knowingly interferes with that request may be held in contempt of court.

The ward or anyone interested may petition to end the guardianship on the ground that the ward is no longer incapacitated, subject to any waiting period of up to 6 months in the original order; the ward may also ask the court informally, and anyone who knowingly interferes with that request may be held in contempt of court. The court may remove a guardian in the ward's best interests, accept a resignation, and appoint a successor using the same safeguards as an original appointment.

How long it takes

Montana sets no deadline for the guardianship hearing itself, so the time from filing to appointment depends on the district court's calendar and on how quickly the physician and visitor reports come in. Notice must reach most people at least 14 days before the hearing. Montana publishes no typical duration, and a contested case or a jury trial takes longer than an agreed one. A temporary guardian can be appointed, with or without notice, for up to 6 months while the case proceeds.

Temporary guardian maximum: 6 months (MCA 72-5-317(2))
Temporary conservator maximum: 6 months (MCA 72-5-421(1))
Temporary guardian of a minor maximum: 6 months (MCA 72-5-224)
Notice before a hearing: at least 14 days by mail or personal delivery, or 3 weeks of publication if a person cannot be found (MCA 72-1-301(1))
Personal service before a conservatorship hearing: at least 14 days on the person and their spouse, or parents if no spouse (MCA 72-5-403(1))
Notice before accepting a parental or spousal appointment: 7 days (MCA 72-5-302)
Objection to a testamentary guardian of a minor: before acceptance, or within 30 days after notice of acceptance (MCA 72-5-213)
Time for a testamentary guardian of a minor to accept: 30 days after notice of the guardianship proceeding, after which the court may appoint someone else (MCA 72-5-222(2))
Conservator inventory due: within 90 days after appointment (MCA 72-5-424(1))
Guardian report: annually, unless the court waives it (MCA 72-5-321(2)(e))
Conservator accounts: at least annually unless the court directs otherwise (MCA 72-5-438(1))
Bar on a new restoration petition: up to 6 months if the order sets one (MCA 72-5-325(2))
Delegation of parental powers by power of attorney: up to 6 months, with exceptions for certain service members (MCA 72-5-103)
Review after accepting an out of state guardianship: within 90 days of the final order accepting transfer (MCA 72-5-625(6))
Hearing for a guardianship case: not fixed by statute; set by the district court's calendar

Alternatives to consider before guardianship

Supported Decisionmaking

The person chooses one or more people to help them understand the nature and consequences of personal and financial decisions and to communicate the decision they make. Montana's statute names it as a less restrictive alternative a guardianship petition must address. Title 72 prescribes no agreement form or signing formalities for it.

MCA 72-5-305(3), (5)

Durable Financial Power of Attorney

Under Montana's Uniform Power of Attorney Act, a power of attorney is durable unless it expressly says incapacity ends it. It must be signed by the principal, or by someone in the principal's conscious presence at their direction; notarization is not required but makes the signature presumptively genuine. It can also nominate a future conservator or guardian, and if a conservator is later appointed the agent's authority continues unless the court limits it.

MCA 72-31-304; 72-31-305; 72-31-308

Durable Health Care Power of Attorney

A written health care power of attorney that states it survives the principal's disability or incapacity (or becomes effective on it) lets an agent make health care decisions. It can nominate a guardian of the person, and the court appoints in line with the most recent nomination except for good cause or disqualification. If a guardian is appointed anyway, the agent is accountable to the guardian, who may revoke or amend the power.

MCA 72-5-501

Living Will Declaration

An adult of sound mind may sign a declaration under the Montana Rights of the Terminally Ill Act directing that life-sustaining treatment be withheld or withdrawn, and may name another adult to make those decisions. It must be signed by the declarant or at their direction and witnessed by two individuals. The statute prints an optional form.

MCA 50-9-103

Representative Payee for Benefit Income

A payee appointed by the benefit agency receives and manages the person's government benefits, such as Social Security, without a court case. Montana's statute lists appointment of a representative payee as a less restrictive alternative to guardianship.

MCA 72-5-305(3)

Protective Arrangement or Single Transaction Without a Conservator

When a basis for protection exists, the court can authorize, direct or ratify one transaction or arrangement, such as paying or holding funds, selling or leasing property, buying an annuity or life-care contract, or funding a trust, without appointing a general conservator. A special conservator may be appointed only to carry it out.

MCA 72-5-422

Parent's or Guardian's Delegation of Powers by Power of Attorney

A parent, or the guardian of a minor or incapacitated person, may delegate powers over the child's or ward's care, custody or property by power of attorney for up to 6 months, except the power to consent to a minor ward's marriage or adoption. The 6-month limit does not apply to Montana National Guard members serving more than 180 continuous days, active-duty service members, or federal reservists serving more than 180 continuous days. The Judicial Branch publishes a form for a minor child.

MCA 72-5-103

Public Administrator as Conservator of Last Resort

When a professional person believes someone needs a conservator and has no relative, friend or other suitable person able to serve, the professional must notify the public administrator, who petitions to be appointed if reasonable cause exists.

MCA 72-5-415

Planning ahead: naming a guardian in advance

Naming a guardian in advance: A Montana adult can name a future guardian or conservator in a power of attorney. Under the Uniform Power of Attorney Act a principal may nominate a conservator or guardian of the estate, or a guardian of the person, and the court shall appoint in line with the principal's most recent nomination except for good cause or disqualification (72-31-308(1)). A durable health care power of attorney can nominate a guardian of the person on the same terms (72-5-501(2)). Separately, the person's own nominee sits first in the guardian priority list if the court finds the person could make a reasonably intelligent choice when nominating (72-5-312(2)(a)), and a protected person aged 14 or older may nominate a conservator (72-5-410(1)(b)). The statutory form power of attorney in 72-31-353 includes an optional section headed 'NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)' for naming a conservator or guardian of the estate and a guardian of the person.

Guardianship costs

Court filing fee: $100 to file a guardianship petition, and $100 to file a conservatorship petition, with the clerk of district court (Montana Clerks of District Courts Fee Schedule-Civil, Updated May 2024: $70 under MCA 25-1-201(1)(m), plus $20 under 25-1-202 and a $10 technology surcharge under 3-1-317). A person who cannot pay may ask the court to waive fees under MCA 25-10-404.
Attorney for the respondent: The court may appoint an appropriate official or order the Office of State Public Defender to assign counsel for the person in a guardianship (MCA 72-5-315(2)), and shall order it in an adult conservatorship unless the person has a lawyer (72-5-408(2)). A lawyer, physician or visitor appointed in a protective proceeding who is not otherwise paid is entitled to reasonable compensation from the estate (72-5-432).
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested case, and materially more if anyone objects or asks for a jury. This is a national range, not a Montana figure.
Medical or capacity evaluation: $300 to $2,000 nationally, depending on the clinician and the depth of the assessment. Montana requires an examination by a court-appointed physician in every adult guardianship (MCA 72-5-315(3)).
Court visitor: Montana requires a visitor's interview in every adult guardianship (MCA 72-5-315(3)); an appointed visitor not otherwise paid is entitled to reasonable compensation from the estate (72-5-432). Local practice on the amount varies.
Bond premium: Only when the court requires a conservator's bond (MCA 72-5-411). Roughly 0.5 percent of the bonded amount a year nationally, depending on the surety and the conservator's credit.
Annual reporting: No separate statutory filing fee for a guardian's annual report was found in MCA 25-1-201. Preparing reports and accountings costs little if the guardian uses the Judicial Branch forms, and more if an attorney or accountant prepares them.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Montana?

What are the alternatives to guardianship in Montana?

Less restrictive alternatives in Montana include Supported Decisionmaking, Durable Financial Power of Attorney, Durable Health Care Power of Attorney, Living Will Declaration. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Montana guardianship process take?

Do I need a lawyer to file for guardianship in Montana?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Montana courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Montana: what is the difference?

Statutes and sourcesOfficial references used for this page

Free attorney match

Talk to a probate attorney in Montana

Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.

Connect with an attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of September 27, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.