Guardianship Petition - Preparation Worksheet - Montana
MONTANA GUARDIANSHIP PETITION PREPARATION WORKSHEET
Do not file this worksheet. Select one track, obtain the current forms and local requirements from the proper Montana District Court, and have Montana counsel convert the verified facts into the filing package.
1. Matter Control
| Item | Information |
|---|---|
| Proposed ward or minor | [________________________________] |
| Date of birth | [__/__/____] |
| Current residence | [________________________________] |
| Current physical location, if different | [________________________________] |
| Petitioner | [________________________________] |
| Proposed guardian | [________________________________] |
| County and judicial district to confirm | [________________________________] |
| Existing custody, guardianship, conservatorship, protection, or commitment matter | [________________________________] |
| Existing court and cause number | [________________________________] |
| Emergency or temporary relief considered | [________________________________] |
Section 72-1-202 places protection of minors and incapacitated persons within the court's probate subject-matter jurisdiction. Venue and filing requirements depend on the selected track and the person's residence, presence, and existing proceedings.
2. Select One Track
☐ Minor guardianship — use Sections 3 through 6.
☐ Adult guardianship for a person alleged to be incapacitated — use Sections 7 through 11.
☐ Different proceeding may be needed — conservatorship, protective order, custody, adoption, temporary guardianship, health-care decisionmaking, or another matter: [________________________________].
Do not combine minor and adult allegations, notices, findings, or requested powers in one petition.
3. Minor Track — Venue and Appointment Gate
Under § 72-5-221, record whether the minor resides or is present in the proposed venue.
| Venue fact | Information |
|---|---|
| Minor's residence | [________________________________] |
| Minor's current presence | [________________________________] |
| Proposed county | [________________________________] |
| Local clerk or counsel confirmation | [________________________________] |
Section 72-5-222 permits a court appointment for an unmarried minor only when parental custody rights have been terminated, suspended, or limited by circumstances or a prior court order. Do not treat ordinary parental consent alone as a substitute for counsel's analysis of that statutory gate.
| Appointment-gate fact | Evidence or order |
|---|---|
| Minor is unmarried | [________________________________] |
| Parental custody rights terminated | [________________________________] |
| Parental custody rights suspended or limited | [________________________________] |
| Circumstances or prior order supporting the gate | [________________________________] |
| Testamentary guardian nomination, acceptance, or objection | [________________________________] |
4. Minor Track — Proposed Guardian
Section 72-5-223 uses the minor's best interests, including continuity of care, and gives a qualifying nomination by a minor age 14 or older statutory significance.
| Item | Information |
|---|---|
| Proposed guardian's legal name and address | [________________________________] |
| Relationship and caregiving history | [________________________________] |
| Continuity-of-care facts | [________________________________] |
| Minor is age 14 or older | ☐ Yes ☐ No |
| Minor's nomination or position | [________________________________] |
| Conflicts, disqualifying facts, or competing nominee | [________________________________] |
5. Minor Track — Notice and Hearing Record
Section 72-5-225 requires notice of the hearing to the minor if age 14 or older, the person with principal care and custody during the 60 days before the petition, and each living parent, using the statutory notice method.
| Required recipient or issue | Name, address, method, and proof |
|---|---|
| Minor, if age 14 or older | [________________________________] |
| Principal caregiver during prior 60 days | [________________________________] |
| Living parent 1 | [________________________________] |
| Living parent 2 | [________________________________] |
| Additional recipient required by court or other law | [________________________________] |
| Hearing date and location | [________________________________] |
6. Minor Track — Requested Authority and Reporting
Section 72-5-231 supplies the statutory baseline for a minor guardian's powers and responsibilities. List only powers needed for the facts and identify every court-ordered or rule-based reporting requirement.
| Topic | Requested authority, limit, or reporting term |
|---|---|
| Care, custody, education, and activities | [________________________________] |
| Medical or professional care | [________________________________] |
| Personal effects and property protection | [________________________________] |
| Money or benefits received for support | [________________________________] |
| Court-ordered or rule-based report | [________________________________] |
| Existing conservator or property proceeding | [________________________________] |
7. Adult Track — Venue
Under § 72-5-311, venue ordinarily lies where the person alleged to be incapacitated resides or is present, with an additional route when the person is institutionally admitted by court order.
| Venue fact | Information |
|---|---|
| Residence | [________________________________] |
| Current presence | [________________________________] |
| Court-ordered institutional admission | [________________________________] |
| Court and county that issued admission order | [________________________________] |
| Proposed venue and confirmation | [________________________________] |
8. Adult Track — Proposed Guardian and Conflicts
Section 72-5-312 governs who may serve, priorities, conflicts, and disqualifications. Complete the full current-section review before naming a proposed guardian.
| Item | Information |
|---|---|
| Proposed guardian's legal name, address, and capacity to serve | [________________________________] |
| Nomination by the person | [________________________________] |
| Spouse, adult child, parent, relative, friend, or program priority facts | [________________________________] |
| Services provided to the person | [________________________________] |
| Creditor relationship | [________________________________] |
| Actual or likely conflict of interest | [________________________________] |
| Competing nominee and comparative qualification | [________________________________] |
9. Adult Track — Need, Alternatives, and Scope
Section 72-5-316 requires incapacity, unmet identified needs despite less restrictive alternatives, and necessary judicial intervention for essential physical-health or safety requirements. The order may not grant powers beyond those sought, and a limited order must identify the particular powers and duration.
| Required finding or scope issue | Facts and evidence |
|---|---|
| Alleged impairment and decision affected | [________________________________] |
| Identified physical-health or safety need | [________________________________] |
| Supported decisionmaking or other less restrictive alternative tried | [________________________________] |
| Why the alternative does not meet the identified need | [________________________________] |
| Full or limited guardianship requested | [________________________________] |
| Each requested power | [________________________________] |
| Each right to remain with the person | [________________________________] |
| Requested duration of limited guardianship | [________________________________] |
| Conservatorship or protective-order issue instead | [________________________________] |
10. Adult Track — Notice, Examination, Visitor, and Rights
Sections 72-5-314 and -315 govern recipients, service, the court-appointed physician, the visitor, hearing procedure, counsel, evidence, cross-examination, presence, and jury trial.
| Item | Information or proof |
|---|---|
| Person alleged to be incapacitated | [________________________________] |
| Spouse | [________________________________] |
| Parents | [________________________________] |
| Adult children | [________________________________] |
| Current guardian, conservator, caregiver, or custodian | [________________________________] |
| Closest adult relative if otherwise required | [________________________________] |
| Personal-service proof | [________________________________] |
| Court-appointed physician and report | [________________________________] |
| Court visitor and report | [________________________________] |
| Counsel selection or appointment | [________________________________] |
| Attendance, evidence, and cross-examination plan | [________________________________] |
| Jury trial preserved; any closed nonjury request | [________________________________] |
11. Adult Track — Order and Ongoing Administration
Sections 72-5-316 and -321 control the granted scope and ongoing powers and reports. Do not use a general guardian clause where the order is limited.
| Order or administration item | Proposed term or source |
|---|---|
| Powers requested in petition | [________________________________] |
| Powers granted in proposed order | [________________________________] |
| Rights expressly retained | [________________________________] |
| Residence and care authority | [________________________________] |
| Medical-decision authority and limits | [________________________________] |
| Property or conservator coordination | [________________________________] |
| Limited-guardian report required by court or rule | [________________________________] |
| Full-guardian annual report or court waiver | [________________________________] |
| Service of reports requested by family member | [________________________________] |
12. Filing-Package Control
| Filing component | Current local requirement and status |
|---|---|
| Petition form or pleading | [________________________________] |
| Confidential information sheet | [________________________________] |
| Summons, notice, or hearing order | [________________________________] |
| Proposed order | [________________________________] |
| Acceptance, oath, letters, or bond material | [________________________________] |
| Physician or visitor material | [________________________________] |
| Filing fee or waiver | [________________________________] |
| E-filing or paper route | [________________________________] |
| Local rule, standing order, or judge-specific requirement | [________________________________] |
☐ The selected track and every citation were checked against current official law.
☐ The amendment screen was reviewed, including the 2025 HB 825 lead; Chapter 539 amended health-care proxy statutes and referenced § 72-5-316 but did not amend the guardianship section.
☐ Current local forms, filing instructions, service requirements, and hearing procedures were confirmed.
☐ No arbitration, indemnity, liability cap, force-majeure, automatic fee, invented bond, or generic contract remedy was added to the guardianship filing.
About this template
- Last updated
- August 27, 2026
- Citations checked
- August 27, 2026
- Jurisdiction
- Montana
- Category
- Family Law
Legal authority
- Mont. Code Ann. § 72-1-202 (subject-matter jurisdiction over protection of minors and incapacitated persons)
- Mont. Code Ann. § 72-1-301 (general probate notice methods and timing)
- Mont. Code Ann. § 72-5-221 (minor guardianship venue)
- Mont. Code Ann. § 72-5-222 (when a court may appoint a minor guardian)
- Mont. Code Ann. § 72-5-223 (minor guardian qualification and nomination)
- Mont. Code Ann. § 72-5-225 (minor appointment procedure, notice, and hearing)
- Mont. Code Ann. § 72-5-231 (minor guardian powers and reports)
- Mont. Code Ann. § 72-5-311 (adult guardianship venue)
- Mont. Code Ann. § 72-5-312 (adult guardian eligibility, priorities, and conflicts)
- Mont. Code Ann. § 72-5-314 (adult guardianship notice)
- Mont. Code Ann. § 72-5-315 (adult hearing, examination, visitor, and procedural rights)
- Mont. Code Ann. § 72-5-316 (adult findings and scope of order)
- Mont. Code Ann. § 72-5-321 (adult guardian powers and reports)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 27, 2026.
Mont. Code Ann. § 72-1-202(1)(b) (checked August 27, 2026): "To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to: (a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and (b) protection of minors and incapacitated persons."
Mont. Code Ann. § 72-1-301(1), (3) (checked August 27, 2026): "Notice must be given: (a) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified mail or ordinary first-class mail addressed to the person being notified at the post-office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known; (b) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing. Proof of the giving of notice must be made on or before the hearing and filed in the proceeding."
Mont. Code Ann. § 72-5-221 (checked August 27, 2026): "The venue for guardianship proceedings for a minor is in the place where the minor resides or is present."
Mont. Code Ann. § 72-5-222(1) (checked August 27, 2026): "The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order."
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