Guardianship and conservatorship in Montana: who, where, cost
How a court can name a guardian or conservator in Montana, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Full guardian, limited guardian, temporary guardian (of an incapacitated person); conservator for property under protective proceedings.
- Filing fee
- $70 clerk of district court fee to file a petition for the appointment of a guardian or conservator.
- Court
- Montana district court.
What guardianship or conservatorship is
- What it is called
Full guardian, limited guardian, temporary guardian (of an incapacitated person); conservator for property under protective proceedings
- When a court may appoint one
The court may appoint a guardian only if it is satisfied that the person is incapacitated, that their identified needs cannot be met by a less restrictive alternative, and that court intervention is necessary to meet essential requirements for physical health or safety. If managing money would be enough, the court treats the case as a protective (conservatorship) proceeding. A 'less restrictive alternative' includes supported decision-making, appropriate technological assistance and a representative payee.
Law: MCA 72-5-305, 72-5-306, 72-5-316
- Kinds
- Full guardian
- Limited guardian (only the powers listed in the order)
- Temporary guardian (up to 6 months)
- Conservator or protective order for property
Law: MCA 72-5-305, 72-5-306, 72-5-312, 72-5-315, 72-5-316, 72-5-317; MCA 25-1-201
Who can ask, which court and your own choice
- Who may ask
The allegedly incapacitated person or any person interested in their welfare, including the county attorney.
Law: MCA 72-5-315(1)
- Court
Montana district court.
- Choosing your own
You can nominate a guardian or conservator in a power of attorney; the court follows your most recent nomination except for good cause or disqualification. You can nominate a guardian of the person in a durable health care power of attorney. A person you nominated has first priority if you had capacity to make a reasonably intelligent choice.
Law: MCA 72-31-308; MCA 72-5-501; MCA 72-5-312
- Effect on a power of attorney
If a conservator or guardian of your estate is appointed, your financial power of attorney continues and the agent is accountable to that fiduciary as well as to you, unless the court limits, suspends or terminates it. A guardian of your person can revoke or amend your health care power of attorney as you could.
Law: MCA 72-31-308; MCA 72-5-501
Cost, fee waiver and forms
- Filing fee
$70 clerk of district court fee to file a petition for the appointment of a guardian or conservator.
Law: MCA 25-1-201(1)(m)
- Fee waiver
Statement of Inability to Pay Court Costs and Fees.
Source: Montana Judicial Branch form
- Forms
- Steps
Other options and where to report abuse
- Supported decision-making
Montana has no supported decision-making law.
- Less restrictive options
- Supported decisionmaking: People the person chooses help them understand and communicate their own decisions.
- Appropriate technological assistance: Tools and technology that help the person manage on their own.
- Representative payee: A payee manages government benefit payments.
- Powers of attorney and health care declarations: Documents the person signs while able, naming who acts for them.
- Report abuse or exploitation
Montana DPHHS Adult Protective Services · 1-844-277-9300
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: MCA 72-5-305(3), (5); MCA 72-5-316
Free help in Montana
- MontanaLawHelp.org (Montana Legal Services Association)
- Montana DPHHS Aging Services - Legal Services
- Montana Judicial Branch: Guardianship & Conservatorship forms
- Montana Judicial Branch: End of life / probate forms
Report abuse or exploitation
Questions about powers of attorney in Montana
How does guardianship or conservatorship work in Montana?
The court may appoint a guardian only if it is satisfied that the person is incapacitated, that their identified needs cannot be met by a less restrictive alternative, and that court intervention is necessary to meet essential requirements for physical health or safety.
What does a guardianship or conservatorship cost in Montana?
$70 clerk of district court fee to file a petition for the appointment of a guardian or conservator.
What are the alternatives to guardianship in Montana?
Supported decisionmaking; Appropriate technological assistance; Representative payee; Powers of attorney and health care declarations.