PETITION FOR APPOINTMENT OF [GENERAL / LIMITED] GUARDIAN

(Mont. Code Ann. Title 72, Ch. 5)

IN THE [_] JUDICIAL DISTRICT COURT
[_____] COUNTY, STATE OF MONTANA – PROBATE DIVISION

In the Matter of the Guardianship of
[WARD FULL LEGAL NAME],
a [Minor / Incapacitated Person],

Cause No. [__]
Department No. [____]

VERIFIED PETITION FOR APPOINTMENT OF [GENERAL / LIMITED] GUARDIAN

[// GUIDANCE: Insert court‐filed caption exactly as required by local rules. Verify departmental assignment procedures with the Clerk of Court.]

TABLE OF CONTENTS

1. Document Header & Preliminary Allegations
2. Definitions
3. Jurisdiction, Venue & Governing Law
4. Qualification of Proposed Guardian
5. Grounds for Guardianship & Scope Requested
6. Bond & Liability Allocation
7. Reporting & Ongoing Court Supervision
8. Requested Relief
9. Verification & Signature Blocks
10. Notary Acknowledgment

1. DOCUMENT HEADER & PRELIMINARY ALLEGATIONS

1.1 Petitioner [PETITIONER NAME] (the “Petitioner”), whose residence and mailing address is [ADDRESS], respectfully alleges as follows:

1.2 Petitioner seeks the appointment of [PROPOSED GUARDIAN NAME] (the “Proposed Guardian”) as [general / limited] guardian of [WARD FULL LEGAL NAME] (the “Ward”) pursuant to Mont. Code Ann. §§ 72-5-201 et seq. (minor) or §§ 72-5-301 et seq. (incapacitated person).

1.3 This Petition is filed in accordance with the Montana Uniform Probate Code and the Montana Uniform Guardianship laws (collectively, the “Act”).

1.4 No previous petition, appointment, or other proceeding relating to the Ward’s guardianship is pending in this or any other jurisdiction, except: [describe or “None”].

2. DEFINITIONS

For purposes of this Petition:

“Act” – Montana Code Annotated Title 72, Chapter 5, and all regulations promulgated thereunder.

“Guardian” – A person appointed by the Court with the powers and responsibilities set forth in Mont. Code Ann. § 72-5-222 (minor) or § 72-5-315 (incapacitated person).

“Incapacitated Person” – An individual as defined by Mont. Code Ann. § 72-5-101(12) who lacks sufficient understanding or capacity to make or communicate responsible decisions.

“Ward” – The minor or incapacitated person for whom guardianship is sought.

[// GUIDANCE: Add, delete, or modify defined terms to track actual facts and local terminology.]

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 Venue in this Court is proper under Mont. Code Ann. § 72-5-213 (minor) or § 72-5-303(1) (incapacitated person) because the Ward [resides / is present] in [COUNTY] County, Montana.

3.2 This Court has subject-matter jurisdiction pursuant to Mont. Code Ann. § 72-1-202.

3.3 This Petition is governed exclusively by the Act and applicable Montana probate rules (“Governing Law”). No arbitration, jury trial, or alternative forum selection applies.

4. QUALIFICATION OF PROPOSED GUARDIAN

4.1 Proposed Guardian’s full legal name, age, occupation, and residential address are: [__].

4.2 Relationship to Ward: [parent / relative / professional fiduciary / other].

4.3 Proposed Guardian is willing and able to serve, is not disqualified under Mont. Code Ann. § 72-5-304, and understands the fiduciary duties imposed by law.

4.4 Proposed Guardian consents to appointment and submits to personal jurisdiction of this Court for all matters relating to the guardianship.

5. GROUNDS FOR GUARDIANSHIP & SCOPE REQUESTED

5.1 Nature of Ward’s Status
a. If Minor: Ward’s date of birth is [DOB]; the names and addresses of living parents are [__].
b. If Incapacitated Person: A physician’s report dated [DATE] (attached as Exhibit A) establishes incapacity within Mont. Code Ann. § 72-5-301.

5.2 Less Restrictive Alternatives Considered
Petitioner has investigated alternatives (e.g., powers of attorney, supportive decision-making) and found them insufficient to protect the Ward’s welfare and property.

5.3 Scope of Guardianship Requested
a. General Guardianship or b. Limited Guardianship with the following retained rights: [list retained rights, e.g., right to vote, marry, or manage certain finances].

5.4 Necessity
Guardianship is necessary to ensure the Ward’s health, safety, education, and financial well-being.

6. BOND & LIABILITY ALLOCATION

6.1 Bond Request
Petitioner requests that the Court set bond in the preliminary amount of $[_], subject to adjustment upon inventory filing, in accordance with Mont. Code Ann. § 72-5-505 and court policy.

6.2 Liability Mitigation
The Guardian shall be liable only in accordance with the Act and the bond posted; no additional personal indemnity is sought.

[// GUIDANCE: The bond acts as a statutory liability cap. Increase or waive only with court approval and good cause.]

7. REPORTING & ONGOING COURT SUPERVISION

7.1 The Guardian shall:
a. File an Initial Guardian’s Report within 60 days of appointment (Mont. Code Ann. § 72-5-225(2) or § 72-5-316(1)).
b. File Annual Reports every year thereafter on or before [MONTH & DAY].
c. Promptly report any significant change in the Ward’s condition or residence.

7.2 Failure to meet reporting duties constitutes grounds for removal under Mont. Code Ann. § 72-5-307.

8. REQUESTED RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

A. Schedule and notice a hearing pursuant to Mont. Code Ann. § 72-5-212 (minor) or § 72-5-303(2) (incapacitated person);

B. Appoint [PROPOSED GUARDIAN NAME] as [general / limited] Guardian of [WARD FULL NAME];

C. Fix bond in the amount stated above, conditioned as required by law;

D. Issue Letters of Guardianship upon filing of bond and oath;

E. Grant such other and further relief as the Court deems just and proper.

9. VERIFICATION

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition, know the contents thereof, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Date: [__]

[PETITIONER NAME], Petitioner

10. NOTARY ACKNOWLEDGMENT

State of Montana )
County of [__] ) ss.

On this ___ day of ____, 20__, before me, the undersigned Notary Public for the State of Montana, personally appeared [PETITIONER NAME], known to me or proved to me through satisfactory evidence to be the individual who executed the foregoing instrument and acknowledged to me that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

Notary Public for the State of Montana
[SEAL]
My Commission Expires: _______

[// GUIDANCE:
1. Attach required exhibits (medical report, consents, proposed guardian’s acceptance, birth certificate, etc.).
2. Serve notice to all “interested persons” as defined in Mont. Code Ann. § 72-1-103(25).
3. Verify local rule requirements for confidential information forms and background‐check submissions.
4. Confirm whether the Court requires the guardian’s oath as a separate filing or incorporated into Letters of Guardianship.
5. Retain proof of service for hearing.
]