Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
The incapacitated person or any person interested in the incapacitated person's welfare, including the county attorney, may petition for a finding of incapacity and appointment of a guardian. Any competent person or a suitable institution, association, or nonprofit corporation or any of its members may be appointed guardian of an incapacitated person.
Notice of Hearing:
Upon the filing of a petition, the court shall set a date for a hearing on the issues of incapacity. Notice of the hearing must be given to the ward or the person alleged to be incapacitated, his or her spouse, parents, and adult children, provided they can be found within the state, and any guardian or conservator then serving. If service cannot be made upon any of the foregoing, then notice must be served on at least one of the ward's or person's closest adult relatives, if any can be found.
Examinations, Evaluations, and Interviews:
The person alleged to be incapacitated must be examined by a physician appointed by and who will submit a written report to the court.
The person alleged to be incapacitated must be interviewed by a court-appointed visitor. A visitor is a person who is trained in the law, nursing, social work, medical care, mental health care, pastoral care, education, or rehabilitation and is an officer, employee, or special appointee of the court with no personal interest in the proceedings. The visitor shall also interview the person who caused the petition to be filed, and the person who is nominated to serve as guardian. The visitor shall visit the home of the allegedly incapacitated person and the place it is proposed that the person will reside if the requested appointment is made. The visitor also submits a written report to the court.
Conservatorship in Montana:
Appointment of a conservator may be made in relation to the estate and affairs of a person if the court determines that the person is unable to manage his or her own property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness, or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and the person has any property that will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.
The court may appoint an individual or a corporation with a general power to serve as trustee as conservator of the estate of a protected person.
Mont. Code Ann. § 72-5-312 through Mont. Code Ann. § 315
Mont. Code Ann. § 72-5-409 and Mont. Code Ann. § 410