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Petition for Appointment of Guardian - Montana 2025

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The document is a petition for the appointment of a guardian for an incapacitated person in Montana. The petitioner, who is a close relative of the incapacitated individual, requests the court to grant them guardianship due to the individual's need for care and support. The petition outlines the petitioner's relationship to the incapacitated person, confirms proper venue, and states that no other guardian has been appointed.

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What disqualifies a person from being a guardian?

Although the judge will consider all of your past convictions, the convictions that are viewed most negatively are child abuse and/or domestic violence; registered sex offenses where the victim was a child; and or of the childs other parent.

How to petition for adult guardianship?

How to Open an Adult Guardianship Case. If you want to be the guardian over an adult, there are many forms you must fill out to open a case. The forms tell the judge about you, anyone who wants to be a co-guardian with you, the person you want to be the guardian over, and why the guardianship is needed.

How much power does a guardian have?

The guardian can be authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.

How is a guardian appointed?

Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individuals needs. Guardianship may remove a broad spectrum of rights from the individual.

What are the downsides of guardianship?

The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.

Is guardianship a good thing?

The guardianship provides an excellent forum when there is gridlock between caregivers. It also protects the loved one who should be the main focus of all the parties from being harmed because the caregivers cant get on the same page.

What are the negative effects of guardianship?

If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.

What are the ethical issues of guardianship?

In the case of guardianship, the ethical problem centers on who is allowed to decide what action should be taken or what decision should be made. The basic question is: Should a person with developmental disabilities be supported to make decisions that affect his or her life?

Petition for Appointment of Guardian - Montana 2025

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