Detailed Answer
Short answer: Under Montana law, being appointed guardian of a person does not automatically make you guardian of that person’s property. The role that oversees money and property is separate (often called a conservator or guardian of the estate), and the court must make a separate appointment or grant express authority for you to manage the estate.
This distinction matters because the two roles carry different duties and court supervision. A guardian of the person focuses on the ward’s personal care—housing, daily needs, medical decisions (to the extent permitted by statute and by any advance directives), and living arrangements. A conservator (guardian of the estate) handles financial matters—paying bills, collecting income, investing, selling or safeguarding property, and filing required accountings with the court.
Montana’s statutes treat the protection of persons and property as related but separate matters. For the controlling text and definitions, see the Montana Code (Title 72 – Guardianship and Conservatorship provisions). For an overview of forms and procedural rules, consult the Montana judicial self-help resources for guardianships and conservatorships and the statutes linked below.
Why the separation exists
- The separation protects the ward by ensuring checks and balances: a person who decides where a ward lives and who cares for them is not automatically given power to spend or manage all of the ward’s money.
- Financial management often requires bond, inventories, recordkeeping, and regular accountings to the court. The court evaluates a separate petition before giving those powers.
- Courts may appoint different people to these roles when duties or skillsets differ (one person may be best for daily care; another may be better for financial management).
Common exceptions and practical notes
- Temporary or emergency orders: the court can issue short-term emergency authority over property or person without a full, separate long-term appointment. But those are limited in time and scope.
- Limited estate authority: the court can give a guardian of the person limited authority to access certain funds for the ward’s immediate needs (for example, paying rent or medical bills) without a full conservatorship. That authority should be written into the court order.
- Durable powers of attorney and joint accounts: if the ward previously executed a durable power of attorney for finances, or has joint accounts, that document or arrangement may affect the need for conservatorship. The court will consider existing private authority when deciding whether to appoint a conservator.
Typical court steps if you need estate authority
- File a petition requesting appointment as conservator (guardian of the estate) or requesting the court grant you specific authority over the estate.
- Provide required notice to interested persons and usually a medical report about incapacity.
- Attend a hearing where the court decides whether appointment is necessary and in the ward’s best interest.
- If appointed, receive letters or documents that banks and third parties accept as authority to manage property.
- Comply with bond, inventory, recordkeeping, and periodic accounting requirements the court imposes.
Where to read the law
See Montana law and court resources for details and exact procedures:
- Montana Code (Title 72 — provisions on guardianship and conservatorship): https://leg.mt.gov/bills/mca/
- Montana Courts (self-help information about guardianships and conservatorships): https://courts.mt.gov/ (search the site’s self-help sections for guardianship and conservatorship forms and instructions)
What you should do next
If you are or might become a guardian of the person and you expect to handle financial matters for the ward, either:
- Ask the court to include limited estate authority in your guardianship order, or
- File a separate petition to be appointed conservator (guardian of the estate). If there are existing powers of attorney, bring them to the court’s attention.
Request that the court issue letters of authority and clarify bond and accounting requirements. Keep detailed records of all transactions and seek court approval before making major decisions about the ward’s property (selling real estate, making large gifts, or changing investment strategies).
Disclaimer
This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Montana attorney or contact the court handling the guardianship.
Helpful Hints
- Do not mix the ward’s funds with your own. Open separate accounts and label them clearly.
- Obtain written letters of authority from the court before presenting yourself to banks or agencies as the estate manager.
- Ask the court for written clarification if the guardianship order’s authority is vague—don’t assume implied powers.
- Keep a clear paper and digital file: petitions, orders, inventories, receipts, bank statements, and accountings.
- Know accounting deadlines and bond requirements; missing filings can lead to court sanctions or personal liability.
- Explore less restrictive alternatives first (powers of attorney, supported decision-making) if the ward can participate in planning.
- Consider obtaining liability insurance or a surety bond if you are appointed conservator and the court requires bonding.
- If a financial institution refuses access despite a valid court order, ask the clerk of court for certified letters of appointment and contact the bank’s legal/compliance department.
- If the ward has substantial assets or complex affairs, consult an attorney experienced in Montana guardianship and conservatorship law for guidance.