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 mental and physical limitations require it. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
History: En. Sec. 2, Ch. 344, L. 1981.
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