House Bill No. [insert bill number] seeks to revise Montana's guardianship and conservatorship laws by implementing new requirements for prospective guardians and conservators. The bill mandates that individuals disclose any history of bankruptcy or specific criminal convictions prior to their appointment. Professional guardians and conservators are also required to provide detailed information regarding their qualifications, fees, and potential conflicts of interest when seeking appointment. Furthermore, the legislation establishes a requirement for guardians to submit a comprehensive care plan for the ward within 60 days of their appointment, taking into account the ward's needs and preferences.
In addition to these new provisions, the bill clarifies the responsibilities of guardians, particularly concerning visitation and communication with the ward. It explicitly prohibits guardians from limiting a ward's ability to communicate or interact with others unless authorized by the court or if there are legitimate safety concerns. The bill also addresses the termination of a guardian's authority, stating that their responsibilities continue until arrangements for the ward's remains are finalized. A transition period is included, allowing existing guardians and conservators to comply with the new regulations by October 1, 2028, and it provides codification instructions to ensure the new regulations are integrated into Title 72 of existing law.
Statutes affected: LC Text: 72-5-321, 72-5-324
HB0777_1(1): 72-5-321, 72-5-324
HB0777_1(2): 72-5-321, 72-5-324
HB0777_1(3): 72-5-321, 72-5-324
HB0777_1: 72-5-321, 72-5-324