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In Great Falls, United States, guardianship is a legal tool that allows one person or entity to make decisions for another (the ward). Wards are typically minor children, adults who have become incapacitated through age or disability, or adults who are under some form of disability. The person or entity acting on behalf of the ward is known as the guardian. The procedure and requirements for establishing guardianship vary based on the ward's age and circumstances.
While it is not always required to have legal representation when seeking guardianship, it does provide numerous benefits. For instance, you may need a lawyer if the ward or any other interested party contests guardianship. Handling cases with complex financial, medical, or familial considerations can also prove to be challenging without legal help. Furthermore, a lawyer can navigate you through the legal framework, paperwork, and court proceedings, making sure you comply effectively with every necessary step.
In Great Falls, guardianship laws are detailed in the Montana Code Annotated 2019 Title 72, Estates, Trusts, and Fiduciary Relationships. It establishes the requirements for who can serve as a guardian and the process for obtaining guardianship. It also sets out the guardian's duties and powers and discusses temporary, limited, and full guardianship. Note that Montana law requires any potential guardian to complete a training program before an appointment can be made.
An adult individual, a non-profit organization, or a public or private corporation can be appointed as a guardian as long as they can prove they are adequately fit and able to fulfill the role.
Full guardianship bestows all personal and financial decision-making power on the guardian, while limited guardianship only grants specific tailored responsibilities as dictated by the court.
For minors, it usually lasts until the ward turns 18. For disabled or incapacitated adults, it lasts as long as they're unable to make decisions for themselves or until the court decides otherwise.
A guardian makes personal and, in some cases, financial decisions on behalf of the ward. They must always act in the ward's best interest, which includes making choices related to healthcare, education, and living arrangements.
Yes, guardianship can be contested by the ward or other interested parties. Valid reasons can include the incapability of the proposed guardian, the lack of necessity for a guardian, or the ward's preference for a different guardian.
For more information about guardianship in Great Falls, consider visiting the official website of the Montana Department of Public Health and Human Services, the Montana Legal Services Association, and the Montana Guardianship Legal Resources page.
If you require legal assistance in a guardianship case, consider seeking out a local attorney that specializes in Guardianship law. They can provide you with advice tailored to your unique situation and ensure your rights and interests are protected throughout the process. Additionally, ensure that you gather all necessary documentation and records to help your lawyer understand your case better.
