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 a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305, 72-5-306, 72-5-311 through 72-5-322, 72-5-324, and 72-5-325.
History: En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(4); amd. Sec. 20, Ch. 582, L. 1989; amd. Sec. 25, Ch. 236, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
Part 3. Guardians of Incapacitated Persons
72-5-301. Consent to jurisdiction by acceptance of appointment
72-5-303. Recognition of appointment of guardian by foreign will
72-5-304. Objection by alleged incapacitated person to testamentary appointment
72-5-306. Purpose and basis for guardianship
72-5-307. through 72-5-310 reserved
72-5-311. Venue for proceedings for court appointment of guardian
72-5-312. Who may be guardian -- priorities
72-5-313. Visitor in guardianship proceedings defined
72-5-314. Notices in guardianship proceedings
72-5-316. Findings -- order of appointment
72-5-318. Request for notice -- interested person
72-5-319. Contents of petition for appointment of guardian
72-5-320. Purposes for establishment of limited guardianship
72-5-321. Powers and duties of guardian of incapacitated person