72-5-222. Court appointment of guardian of minor -- when allowed -- priority of testamentary appointment. (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.
(2) A guardian appointed by will as provided in 72-5-211 and 72-5-212 whose appointment has not been prevented or nullified under 72-5-213 has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment upon a finding that the testamentary guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
History: En. 91A-5-204 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-204; amd. Sec. 6, Ch. 290, L. 1999.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
72-5-202. Consent to jurisdiction by acceptance of appointment
72-5-203. through 72-5-210 reserved
72-5-212. Recognition of appointment of guardian by foreign will
72-5-213. Objection by minor 14 years of age or older to testamentary appointment
72-5-214. through 72-5-220 reserved
72-5-221. Venue for proceedings for court appointment of guardian of minor
72-5-223. Guardian of minor by court appointment -- qualifications -- nominee of minor preferred
72-5-224. Temporary guardian of minor
72-5-226. through 72-5-230 reserved