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 the ward's or person's spouse, parents, and adult children;
(b) any person who is serving as the ward's or person's guardian or conservator or who has the ward's or person's care and custody; and
(c) in case no other person is notified under subsection (1)(a), at least one of the ward's or person's closest adult relatives, if any can be found.
(2) Notice must be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person must be given as provided in 72-1-301. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.
History: En. 91A-5-309 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-309; amd. Sec. 2403, Ch. 56, 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