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
72-5-446. Consent or lack of capacity of protected person -- adequate provision for protected person and dependents
72-5-446. Consent or lack of capacity of protected person -- adequate provision for protected person and dependents. The court may make an order authorizing or requiring the proposed action under 72-5-444 through 72-5-450 only if the court determines all of the following:
(1) the protected person either:
(a) is not opposed to the proposed action; or
(b) if opposed to the proposed action, lacks legal capacity for the proposed action; and
(2) either the proposed action will have no adverse effect on the estate or the estate remaining after the proposed action is taken will be adequate to provide for the needs of the protected person and for the support of those legally entitled to support, maintenance, and education from the protected person, taking into account the age, physical condition, standards of living, and all other relevant circumstances of the protected person and of those legally entitled to support, maintenance, and education from the protected person.
History: En. Sec. 135, Ch. 264, L. 2013; amd. Sec. 30, Ch. 55, L. 2015.
