72-5-233. Termination of appointment -- how effected -- certain liabilities and obligations not affected. (1) A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian's liability for prior acts or a guardian's obligation to account for funds and assets of the guardian's ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(2) The guardian's authority and responsibility for a minor who dies while the minor is a ward of the guardian terminates when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects as provided in 72-5-231(5).
History: En. 91A-5-210 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-210; amd. Sec. 2, Ch. 238, L. 2003.
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