Montana Code Annotated 2021

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 3. Guardians of Incapacitated Persons

Definitions

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.