Montana legislation · 2025 Regular Session
Montana HB777: Generally revise guardian and conservator laws
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising guardianship and conservatorship laws; requiring a prospective guardian or conservator to disclose whether the person has been a debtor in a bankruptcy proceeding or has been convicted of certain crimes; requiring certification of professional guardians or conservators and certain disclosures; clarifying the duties of a guardian of an adult in regard to visitation and communication with others; requiring that a guardian of an adult submit a guardianship plan; providing a definition; and amending sections 72-5-321 and 72-5-324, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING GUARDIANSHIP AND CONSERVATORSHIP LAWS; REQUIRING A PROSPECTIVE GUARDIAN OR CONSERVATOR TO DISCLOSE WHETHER THE PERSON HAS BEEN A DEBTOR IN A BANKRUPTCY PROCEEDING OR HAS BEEN CONVICTED OF CERTAIN CRIMES; REQUIRING CERTIFICATION OF PROFESSIONAL GUARDIANS OR CONSERVATORS AND CERTAIN DISCLOSURES; CLARIFYING THE DUTIES OF A GUARDIAN OF AN ADULT IN REGARD TO VISITATION AND COMMUNICATION WITH OTHERS; REQUIRING THAT A GUARDIAN OF AN ADULT SUBMIT A GUARDIANSHIP PLAN; PROVIDING A DEFINITION; AND AMENDING SECTIONS 72-5-321 AND 72-5-324, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Disclosure of bankruptcy or criminal history. (1) Before accepting appointment as a guardian or conservator under this chapter, a person shall disclose to the court whether the or (b) has been convicted (ii) a crime involving dishonesty, neglect, violence, or use of physical force; or (iii) a crime relevant to the functions the person would assume as guardian or conservator. (2) A guardian or conservator who engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a crime described in subsection (1)(b) shall promptly disclose that knowledge to the court. (3) A conservator who engages or anticipates engaging an agent to manage the finances of a protected person and who knows the …