2005 Montana Code Annotated - 53-20-141 — Denial of legal rights.

     53-20-141. Denial of legal rights. (1) Unless specifically stated in an order by the court, a person admitted to a residential facility for an extended course of habilitation does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part, except insofar as it may be necessary to detain the person for habilitation, evaluation, or care.
     (2) Whenever a person is admitted to a residential facility for a period of more than 30 days for an extended course of habilitation, the court ordering the admission may make an order stating specifically any legal rights that are denied the respondent and any legal disabilities that are imposed on him. As part of its order, the court may appoint a person to act as conservator of the respondent's property. Any conservatorship created pursuant to this section terminates upon the conclusion of the admission if not sooner terminated by the court. A conservatorship or guardianship extending beyond the period of the admission may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally.
     (3) A person who has been admitted to a residential facility pursuant to this part must, upon the termination of the admission, be automatically restored to all of his civil and legal rights that may have been lost when he was admitted. However, this subsection does not affect any guardianship or conservatorship created independently of the admission proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. A person who leaves a residential facility following a period of evaluation and habilitation must be given a written statement setting forth the substance of this subsection.

     History: En. 38-1217 by Sec. 17, Ch. 468, L. 1975; R.C.M. 1947, 38-1217; amd. Sec. 16, Ch. 381, L. 1991.