2022 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
72-5-402. Contents of petition
72-5-402. Contents of petition. (1) The petition must set forth to the extent known:
(a) the interest of the petitioner;
(b) the name, age, residence, and address of the person to be protected;
(c) the name and address of that person's guardian, if any;
(d) the name and address of that person's nearest relative known to the petitioner;
(e) a general statement of that person's property with an estimate of the value of the property, including any compensation, insurance, pension, or allowance to which the person is entitled; and
(f) the reason why appointment of a conservator or other protective order is necessary.
(2) If the appointment of a conservator is requested, the petition also must set forth the name and address of the person whose appointment is sought and the basis of the person's priority for appointment.
(3) The petition must affirm that no mental health care advance directive exists or, if a directive exists, the directive must be attached to the petition.
History: En. 91A-5-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-404(2); amd. Sec. 2410, Ch. 56, L. 2009; amd. Sec. 21, Ch. 329, L. 2011.
