Montana Code Annotated 2017

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP

Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Special Jurisdiction

72-5-614. Special jurisdiction. (1) A court of this state lacking jurisdiction under 72-5-613(1) through (3) has special jurisdiction to do any of the following:

(a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;

(b) issue a protective order with respect to real or tangible personal property located in this state;

(c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to 72-5-624.

(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

History: En. Sec. 10, Ch. 236, L. 2009.