72-5-301. Consent to jurisdiction by acceptance of appointment. (1) By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. (2) Notice of any proceeding must be delivered to the guardian or mailed to the guardian by ordinary mail at […]
72-5-302. Testamentary appointment of guardian for incapacitated person — when effective — priorities. (1) The parent of an unmarried incapacitated person may appoint by will or other writing signed by the parent and attested by at least two witnesses a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged […]
72-5-303. Recognition of appointment of guardian by foreign will. An appointment effected by filing the guardian’s acceptance under a will probated in the state of the decedent’s domicile is effective in this state. History: En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(3); amd. Sec. 19, Ch. 582, L. 1989.
72-5-304. Objection by alleged incapacitated person to testamentary appointment. Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom […]
72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply: (1) ”Full guardian” means a guardian who possesses all the legal duties and powers enumerated in 72-5-321. (2) ”Guardian” includes a full guardian and a limited guardian. (3) ”Less restrictive alternative” means an approach to meeting a person’s needs that restricts fewer rights of the […]
72-5-306. Purpose and basis for guardianship. Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person. The guardianship must be designed to encourage the development of maximum self-reliance and independence in the person and may be ordered only to the extent that the person’s actual […]
72-5-307 through 72-5-310 reserved.
72-5-311. Venue for proceedings for court appointment of guardian. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which […]
72-5-312. Who may be guardian — priorities. (1) Any competent person or a suitable institution, association, or nonprofit corporation or any of its members may be appointed guardian of an incapacitated person. (2) Persons who are not disqualified have priority for appointment as guardian in the following order: (a) a person, association, or private, nonprofit corporation nominated by […]
72-5-313. Visitor in guardianship proceedings defined. A visitor is, with respect to guardianship proceedings, a person who is trained in 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. History: En. 91A-5-308 by Sec. […]
72-5-314. Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing must be given to each of the following: (a) the ward or the person alleged to be incapacitated and […]
72-5-315. Procedure for court appointment of guardian — hearing — examination — interview — procedural rights. (1) 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. (2) Upon the filing of a petition, the court shall set a […]
72-5-316. Findings — order of appointment. (1) If the court is satisfied that the person for whom a guardianship is sought is incapacitated, that the identified needs of the person cannot be met by a less restrictive alternative, and that judicial intervention in the person’s personal freedom of action and decision is necessary to meet essential […]
72-5-317. Temporary guardians. (1) If an incapacitated person has no guardian and an emergency exists, the court may exercise the power of a guardian pending notice and hearing. (2) If an appointed guardian is not effectively performing the guardian’s duties or if there is no appointed guardian and the court further finds that the welfare of the […]
72-5-318. Request for notice — interested person. (1) An interested person who desires to be notified before any order is made in a guardianship proceeding may file with the clerk a request for notice upon payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the […]
72-5-319. Contents of petition for appointment of guardian. (1) The petition for appointment of a guardian must contain: (a) the name, residence, and mailing address of the petitioner, the petitioner’s relationship to the alleged incapacitated person, and the petitioner’s interest in the matter; (b) the name, residence, and mailing address of the alleged incapacitated person; (c) the nature and […]
72-5-320. Purposes for establishment of limited guardianship. A petition seeking the establishment of a limited guardianship must specify the particular powers that the limited guardian is proposed to exercise and the particular areas of protection and assistance required. The purposes for which a limited guardian may be appointed include: (1) to care for and maintain the alleged […]
72-5-321. Powers and duties of guardian of incapacitated person. (1) 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 […]
72-5-322. Petition of guardian for treatment of ward. (1) If a guardian believes that the guardian’s ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward’s […]
72-5-323. Repealed. Sec. 26, Ch. 236, L. 2009. History: En. 91A-5-313 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-313.
