Montana State Legislature

SB 202: Uniform Guardianship Law

The Senate Judiciary Committee tabled Senate Bill 202 during the 2019 legislative session but requested that an interim committee be assigned to review the legislation. The bill would have adopted the 2017 Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. 

Proponents and opponents of the bill summarized their positions on the legislation during the committee's September 2019 meeting. Members received detailed comparisons of the differences between the 2017 uniform law and Montana's current laws in November and decided in January that staff should work with interested committee members to determine whether committee legislation might be appropriate for at least some aspects of the uniform law.

Bill drafts addressing those areas will be presented to the committee in June for review and public comment. The drafts will look at incorporating the following provisions of the uniform law into Montana's guardianship law:

  • the basis for appointment of a guardian;
  • the contents of a petition for guardianship;
  • the requirement that a guardian file with the court a plan for care of the person under a guardianship; and
  • the use of the term "person under guardianship" rather than "ward."

Study Materials

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