The proposed bill seeks to amend Montana's guardianship and conservatorship laws by implementing new requirements for individuals seeking these roles. Key changes include mandatory disclosure of any bankruptcy history or criminal convictions related to felonies, dishonesty, neglect, violence, or other relevant crimes prior to appointment. Professional guardians and conservators will also need to provide comprehensive information about their qualifications, fees, and potential conflicts of interest. Additionally, they are required to submit a guardianship plan within 60 days of their appointment, detailing the care and support they will provide to the ward, including visitation and communication strategies.

The bill further clarifies the responsibilities of guardians, particularly concerning the communication and visitation rights of wards, prohibiting any restrictions on a ward's ability to communicate or interact with others unless specifically authorized by the court or if there is a significant risk of harm. It establishes a compliance timeline for existing guardians and conservators, requiring them to adhere to the new regulations by October 1, 2028. The legislation also includes codification instructions to integrate these new provisions into existing law under Title 72, chapters 5, parts 1 and 3, thereby reinforcing the obligations of guardians and conservators and ensuring that the best interests and rights of wards are prioritized.

Statutes affected:
LC Text: 72-5-321, 72-5-324