Montana Code Annotated
Part 4. Protection of Property of Minors and Persons Under Disability
72-5-438. Accounts -- final and intermediate

72-5-438. Accounts -- final and intermediate. (1) Each conservator shall account to the court for administration of the trust not less than annually, unless the court directs otherwise, upon resignation or removal, and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator shall account to the court or to the formerly protected person or the successors of that person.
(2) Subject to appeal or vacation within the time permitted, an order, after notice and hearing, allowing an intermediate account of a conservator adjudicates as to liabilities concerning the matters considered in connection with the hearing; and an order, following notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.
(3) In connection with any account, the court may require a conservator to submit to a physical check of the estate, to be made in any manner the court specifies.
History: En. 91A-5-419 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-419; amd. Sec. 2, Ch. 401, L. 1983; amd. Sec. 22, Ch. 582, L. 1989.

Structure Montana Code Annotated

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

72-5-403. Notice -- waiver

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

72-5-407. Venue

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

72-5-421. Powers of court as to property and affairs of protected persons generally -- temporary conservatorship

72-5-422. Power of court to authorize particular protective arrangements or transactions without appointing conservator

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

72-5-429. Distribution upon attainment of majority, termination of disability, or death of protected person

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

72-5-445. Notice of hearing

72-5-446. Consent or lack of capacity of protected person -- adequate provision for protected person and dependents

72-5-447. Circumstances to be considered in determining whether to authorize or require proposed action

72-5-448. Order

72-5-449. No duty to propose action

72-5-450. Production of protected person's other relevant estate plan documents