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§ 72-5-324 — Montana Law | CourtGPT
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  2. Laws/
  3. Montana/
  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. § 72-5-324
Montana Legal Code

§ 72-5-324

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72-5-324. Termination of appointment -- how effected -- certain liabilities and obligations not affected. (1) (a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. (b) The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-321(7). (2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward. History: En. 91A-5-306 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-306; amd. Sec. 4, Ch. 238, L. 2003; amd. Sec. 2, Ch. 381, L. 2015.

Source: https://mca.legmt.gov/bills/mca/title_0720/chapter_0050/part_0030/section_0240/0720-0050-0030-0240.html· Version 2025