Probate Code
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
The powers and duties of a limited guardian are those specified in the order appointing the guardian. The limited guardian is required to report the condition of the incapacitated person and of the estate that has been subject to the guardian’s possession and control, as required by the court or by court rule.
Except as limited by order of the court, a full guardian has the the right and responsibility to:
- Take custody of the person of the ward and may establish the ward’s place of residence within or outside of this state;
- Take reasonable care of the ward’s clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of the ward is in need of protection;
- Give any consents or approvals necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service; and
Seek admission of a ward with a major neurocognitive disorder to a hospital, skilled nursing facility, or another appropriate treatment facility, other than the Montana state hospital;
Upon death of the ward, petition the court for permission to make necessary arrangements for the removal, transportation, and final disposition of the ward’s physical remains, and for the receipt and disposition of the ward’s propertyIf no conservator of the estate has been appointed, a full guardian may:
- Institute proceedings to compel any person under a duty to support the ward or to pay monies owed;
- Receive money and property owed to the ward and apply that money and property to the support, care, and education of the ward, and to exercise care to conserve any excess for the ward’s needs;
- Report the condition of the ward and the ward’s estate annually for the preceding year;
Subject to certain exceptions, a guardian many not:
- Involuntarily commit for mental health treatment or for treatment of a developmental disability or for observation or evaluation a ward who is unwilling or unable to give informed consent to commitment,
- Consent to the withholding or withdrawal of life-sustaining treatment or to a do not resuscitate order
- Use funds from the ward’s estate for room and board provided by the guardian, the guardian’s spouse, parent, or child