2022 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
Part 3. Guardians of Incapacitated Persons
72-5-305. Definitions
72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply:
(1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321.
(2) "Guardian" includes a full guardian and a limited guardian.
(3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.
(4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.
(5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in:
(a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and
(b) communicating a decision, once made, if consistent with the person's wishes.
History: En. Sec. 1, Ch. 344, L. 1981; amd. Sec. 1, Ch. 40, L. 2021.
