Guardianship of a Child or Adult in Montana

The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated, or parental rights have been suspended or limited by circumstances or a prior court order. A guardian named in a parent's will has priority. Notice of the hearing goes to the minor if 14 or older, the person who had principal care of the child for the prior 60 days, and any living parent. The court appoints a qualified person if the requirements are met and the appointment serves the minor's welfare and best interests, including continuity of care.

Guardianship of an incapacitated adult may be used only as necessary to protect the person's well-being and only to the extent the person's actual limitations require, and must encourage maximum self-reliance and independence. The court may appoint a full or limited guardian only if it is satisfied the person is incapacitated, the person's needs cannot be met by a less restrictive alternative, and court intervention is necessary for essential health or safety needs; if managing finances would be enough, it treats the case as a conservatorship (protective) proceeding instead. The person keeps all legal and civil rights not expressly limited by the order.