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Montana · Through Montana Code Annotated 2025

72-5-324: Termination of appointment -- how effected -- certain liabilities and obligations not affected.

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Where this section sits in the code
  1. TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
  2. CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP
  3. Part 3. Guardians of Incapacitated Persons

(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.

Collected 2026-09-14T04:59:06Z. Source file · JSON

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