72-5-322. Petition of guardian for treatment of ward. (1) If a guardian believes that the guardian's ward should receive medical treatment for a mental disorder and the ward refuses, the court may, upon petition by the guardian, grant an order for evaluation or treatment. However, the order may not forcibly detain the ward against the ward's will for more than 72 hours.
(2) The ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1, and a hearing along with all the other rights guaranteed to a person with a mental disorder and who requires commitment under 53-21-114, 53-21-115, 53-21-119, and 53-21-120.
History: En. 91A-5-314 by Sec. 3, Ch. 514, L. 1977; R.C.M. 1947, 91A-5-314; amd. Sec. 39, Ch. 490, L. 1997; amd. Sec. 66, Ch. 449, L. 2005.
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