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§ 72-5-305 — Montana Law | CourtGPT
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  4. Title 72 - Estates, Trusts, and Fiduciary Relationships/
  5. Chapter 5 - Upc -- Persons Under Disability Guardianship and Conservatorship/
  6. Part 3 - Guardians of Incapacitated Persons72-5-301. Consent to Jurisdiction by Acceptance of Appointment/
  7. § 72-5-305
Montana Legal Code

§ 72-5-305

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72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply: (1) 'Full guardian' means a guardian who possesses all the legal duties and powers enumerated in 72-5-321. (2) 'Guardian' includes a full guardian and a limited guardian. (3) 'Less restrictive alternative' means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee. (4) 'Limited guardian' means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court. (5) 'Supported decisionmaking' means assistance from one or more persons of a person's choosing in: (a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and (b) communicating a decision, once made, if consistent with the person's wishes. History: En. Sec. 1, Ch. 344, L. 1981; amd. Sec. 1, Ch. 40, L. 2021.

Source: https://mca.legmt.gov/bills/mca/title_0720/chapter_0050/part_0030/section_0050/0720-0050-0030-0050.html· Version 2025