Montana Code Annotated 2021



Part 1. Treatment

Appointment Of Responsible Person

53-20-114. Appointment of responsible person. (1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:

(a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian;

(b) that the parents or guardian are unable to protect the interests of the respondent; or

(c) that the respondent has no parent or guardian.

(2) The responsible person may not be an employee of a residential facility.

(3) Only one person may be the responsible person within the meaning of this part.

(4) In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.

(5) The appointment of the responsible person must terminate at the time of the resident's discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.

History: En. 38-1202 by Sec. 2, Ch. 468, L. 1975; amd. Sec. 4, Ch. 37, L. 1977; amd. Sec. 1, Ch. 568, L. 1977; R.C.M. 1947, 38-1202(part); amd. Sec. 2, Ch. 485, L. 1979; amd. Sec. 7, Ch. 255, L. 1995.