Stepping in to care for someone who can't care for themselves (a grandchild whose parents can't be there, an aging parent who can no longer manage their affairs, an adult with a disability) is an act of love. Guardianship is the legal authority that lets you do it properly. We guide families through the process with the care and respect these situations deserve, drawing on a Certified Guardian ad Litem's perspective and experience across Montana's courts and the Human Rights Bureau.

Guardianship Under Montana Law

Montana's guardianship and conservatorship laws are found in Title 72 of the Montana Code Annotated. They allow a responsible person to be appointed to make decisions for someone who cannot make decisions for themselves, whether a minor child or an incapacitated adult.

Guardian vs. Conservator

The two roles are distinct, and a situation may call for one or both:

  • Guardian, responsible for the person's welfare: care, housing, and medical decisions.
  • Conservator, responsible for the person's finances and property.

Guardianship of a Minor

When a child's parents cannot provide care (because of death, incapacity, incarceration, or other circumstances), guardianship gives a trusted adult, often a grandparent or relative, the legal authority to make decisions about the child's schooling, health care, and daily life. It provides stability for the child and clear authority for the caregiver.

Guardianship of an Incapacitated Adult

For an adult who can no longer make or communicate responsible decisions, guardianship can be essential to their protection. Because it removes significant rights, Montana courts require genuine evidence of incapacity and consider whether a less-restrictive option would work first. The law also protects the individual with notice and a right to be heard, safeguards we take seriously.

How A&M Law Helps

We handle the full process, preparing the petition, gathering the necessary evidence, representing you at the hearing, and helping you understand your ongoing duties as guardian or conservator, including the reports the court requires. Our goal is to give you secure legal authority to protect your loved one, with as little stress as possible.