72-5-428. Distributive powers and duties of conservator generally. (1) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles:
(a) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations actually furnishing support, education, or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian is deriving personal financial benefit, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person.
(b) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected person with due regard to:
(i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to manage the person's affairs and the estate that has been conserved for the person;
(ii) the accustomed standard of living of the protected person and members of the person's household;
(iii) other funds or sources used for the support of the protected person.
(c) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person's household who are unable to support themselves and who are in need of support.
(d) Funds expended under this subsection (1) may be paid by the conservator to any person, including the protected person, to reimburse the person for expenditures that the conservator might have made or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and when advance payments are customary or reasonably necessary under the circumstances.
(2) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make in amounts that do not exceed in total for any year 20% of the income from the estate.
History: En. 91A-5-425 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-425(1), (2); amd. Sec. 2429, 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 4. Protection of Property of Minors and Persons Under Disability
72-5-401. Original petition for appointment or protective order -- who may petition
72-5-402. Contents of petition
72-5-404. Request for notice -- interested person
72-5-405. Exclusive and concurrent jurisdiction of particular court after petition and notice
72-5-406. Consent to jurisdiction by acceptance of appointment as conservator
72-5-408. Procedure concerning hearing and order on original petition
72-5-409. Cause for appointment of conservator or issuance of protective order
72-5-410. Who may be appointed conservator -- priorities
72-5-411. Bond -- court may require -- amount
72-5-412. Terms and requirements of bond
72-5-413. Petitions for orders subsequent to appointment -- interested persons
72-5-414. Resignation or removal of conservator for cause -- successor conservator
72-5-415. Public administrator as conservator when no other appropriate person
72-5-416. through 72-5-420 reserved
72-5-423. Fiduciary duty of conservator
72-5-424. Inventory and records
72-5-425. Title by appointment as conservator -- appointment not transfer for certain purposes
72-5-426. Letters as evidence of transfer of assets -- recording
72-5-427. Powers of conservator in administration
72-5-428. Distributive powers and duties of conservator generally
72-5-430. Enlargement or limitation of powers of conservator by court
72-5-431. Preservation of estate plan -- right to inspect will
72-5-432. Compensation and expenses
72-5-433. Claims against protected person -- presentment, allowance, and payment -- priorities
72-5-434. Transaction involving conflict of interest -- voidable -- exceptions
72-5-435. Persons dealing with conservator -- protection
72-5-436. Claims arising during conservatorship -- individual liability of conservator
72-5-437. Termination of conservatorship
72-5-438. Accounts -- final and intermediate
72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings
72-5-440. through 72-5-443 reserved
72-5-444. Petition to authorize proposed action -- substituted judgment
72-5-449. No duty to propose action
72-5-450. Production of protected person's other relevant estate plan documents