Adult Guardianship Periodic Reporting Requirements in Montana
At a glance
| Covered guardian and report types | Full guardian: condition and controlled-estate report; limited guardian: court/rule-set report; conservator: inventory and accounts (§§ 72-5-321, 72-5-424, 72-5-438). |
|---|---|
| First plan, inventory or account | Conservator files complete estate inventory within 90 days after appointment (§ 72-5-424(1)); guardian's reporting follows § 72-5-321 and the order. |
| Repeat interval and due date | Full guardian: annually for preceding year unless court waives; limited guardian: as court/rule requires. Conservator: at least annually unless court directs otherwise (§§ 72-5-321(1), (2)(e), 72-5-438(1)). |
| Condition and care-plan content | Guardian reports the adult's condition; limited guardian's report follows court order or rule (§ 72-5-321(1), (2)(e)). |
| Property and accounting content | Guardian reports estate in possession/control; conservator inventories complete estate and accounts for trust administration (§§ 72-5-321(1), (2)(e), 72-5-424(1), 72-5-438(1)). |
| Oath and required attachments | Conservator's inventory carries oath or affirmation of accuracy so far as informed (§ 72-5-424(1)). |
| Who receives or may inspect the report | Full guardian serves report on parent, child or sibling with effective notice request; conservator gives inventory copy to qualifying adult and co-resident parent/guardian; administration records shown on interested person's request (§§ 72-5-321(2)(e), 72-5-424). |
| Court review and late filing | Clerk-determined missing guardian annual report: court orders filing and good cause; conservator accounts may be allowed after notice and hearing (§§ 72-5-321(3), 72-5-438(2)). |
| Final or change-triggered report | Conservator accounts on resignation/removal and on end of disability to court or formerly protected person/successors; guardian's termination leaves duty to account for funds/assets (§§ 72-5-438(1), 72-5-324(2)). |
Requirements one by one
Reports after appointment
§ 72-5-321(2)(e) describes the full guardian's report as covering the preceding year. The court can waive it. A limited guardian instead reports the adult's condition and controlled estate as the court or court rule requires under § 72-5-321(1); the appointment order specifies that guardian's powers and duties.
First conservator inventory
§ 72-5-424(1) requires a complete estate inventory within 90 days after appointment, filed with the appointing court. The conservator attaches an oath or affirmation that the inventory is accurate and complete so far as informed. The adult receives a copy only if locatable, at least 14 years old and capable of understanding it; a parent or guardian with whom the adult resides also receives one.
Conservator accounts
Under § 72-5-438(1), the conservator accounts to the court at least annually unless the court directs otherwise. That subsection also requires an account upon resignation or removal, when the court directs, and at the end of the protected person's disability to the court or the formerly protected person or successors. It does not make the inventory a substitute for an account.
What trips people up
If the clerk determines that a guardian's annual report was missed, § 72-5-321(3) directs the court to order both the report and good cause for the delay. A conservator account has a different review route: under § 72-5-438(2), an order allowing an intermediate or final account follows notice and hearing and determines liabilities within the statutory scope, subject to appeal or vacation.
Common questions
Does every relative automatically receive the guardian's annual report?
§ 72-5-321(2)(e) requires a copy for a parent, child or sibling who has made an effective request. Section 72-5-318 says the request must state the person's interest and address and applies only to later matters.
Can an interested person inspect the conservator's records?
Yes. § 72-5-424(2) requires the conservator to keep suitable administration records and exhibit them on an interested person's request.
Does the guardian's accounting duty vanish when the appointment ends?
No. § 72-5-324(2) preserves the duty to account for the adult's funds and assets after termination.
Statutes and sources
- Mont. Code Ann. § 72-5-321: guardian reports and late filing. Official text, accessed 2026-10-04; verbatim passages above in
statutes. - Mont. Code Ann. § 72-5-318: effective notice request. Official text, accessed 2026-10-04.
- Mont. Code Ann. § 72-5-424: inventory, copies and records. Official text, accessed 2026-10-04.
- Mont. Code Ann. § 72-5-438: intermediate and final accounts. Official text, accessed 2026-10-04.
- Mont. Code Ann. § 72-5-324: surviving accounting duty. Official text, accessed 2026-10-04.
Source links
Every statute quoted above, linked, with the date we checked it.
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