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Guardianship & Conservatorship

Montana Guardianship & Conservatorship Lawyer

When a person is or becomes incapacitated and unable to manage their person or their affairs, they will need a court to appoint someone as a guardian for their person and as a conservator to manage their finances. A guardian takes care of the incapacitated person, ensuring they have clothing, housing, meals, assistance with activities of daily living and receive their medications on time and in the proper dosages.  While a parent has the right to make decisions for their minor children, when an incapacitated minor turns eighteen, the parent no longer has the right.  The parent will have to apply to the court for a guardianship.

Montana Guardianship & Conservatorship LawyerConservator Responsibilities

A conservator manages the incapacitated person’s finances.  Some incapacitated persons will never be able to hold a job, or may never be able to work enough to earn more than a few thousand dollars a year. A conservatorship may not be necessary. However, if the incapacitated person is receiving, or will in the future receive, benefits under a federal government program, then a conservatorship should be sought through the courts.  The federal government does not recognize state-valid powers of attorney – they only recognize court orders.

Guardian Responsibilities

In each guardianship case, the court appoints an attorney to represent the incapacitated person, a visitor to investigate the situation and living conditions, and a doctor to examine and report on the incapacitated person’s medical and cognitive status.

Contact Our Firm For Guardian and Conservator Information

Silverman law office is familiar with the guardian and conservator court processes and will walk you through the procedure from petition to hearing.  Our firm will keep track of deadlines and send all notices required by law. Rely on knowledge and experience for the needs of your incapacitated loved one. Contact our firm by filling out a short form here, or by calling our Helena Office at 406-449-4829 or Bozeman Office at 406-482-8822.

Guardianship & Conservatorship FAQs

Welcome to Silverman Law Office, PLLC, founded in 2012, we are your trusted source for guidance on guardianship & conservatorship matters. We understand that navigating the legal complexities of guardianship and conservatorship can be overwhelming, but our experienced team is here to provide clarity and support. Below, we’ve compiled answers to some frequently asked questions to help you better understand these important legal processes.

Can Someone Object To The Appointment Of A Guardian Or Conservator?

Yes, interested parties, such as family members or close friends, may object to the appointment of a guardian or conservator if they believe it is not in the best interests of the proposed ward. The court will consider any objections raised and may hold a hearing to determine the appropriate course of action. An attorney can help you through this process if this happens to you.

How Long Does Guardianship Or Conservatorship Last?

The duration of guardianship or conservatorship can vary depending on the circumstances of the case. In some situations, guardianship or conservatorship may be temporary and only last until the ward regains capacity or stability. In other cases, it may be permanent, lasting until the ward’s death or until the court determines that it is no longer necessary.

Can A Guardianship Or Conservatorship Be Terminated?

Yes, guardianship or conservatorship can be terminated under certain circumstances. If the ward regains capacity or no longer requires the assistance of a guardian or conservator, a petition can be filed with the court to terminate the guardianship or conservatorship. Additionally, interested parties may petition the court to terminate the arrangement if they believe it is no longer necessary or in the ward’s best interests. If you are thinking of terminating this, be sure to discuss it with a lawyer first to understand your options.

What Rights Does The Ward Retain Under Guardianship Or Conservatorship?

The rights retained by the ward under guardianship or conservatorship can vary depending on the specific terms of the guardianship or conservatorship order. In general, the court seeks to preserve the ward’s autonomy and dignity to the greatest extent possible while ensuring their safety and well-being. The ward may retain certain rights, such as the right to receive visitors, communicate with others, and participate in decision-making to the extent feasible given their capacity.

How Can I Petition For Guardianship Or Conservatorship For A Loved One?

To petition for guardianship or conservatorship for a loved one, you must file a petition with the appropriate court in the jurisdiction where the proposed ward resides. The petition should outline the reasons why guardianship or conservatorship is necessary and provide information about the proposed guardian or conservator. The court will review the petition, conduct an evaluation of the proposed ward’s capacity, and hold a hearing to determine whether guardianship or conservatorship is warranted. A knowledgeable attorney will be by your side throughout this process.

At Silverman Law Office, PLLC, we understand the importance of protecting the interests of vulnerable individuals through guardianship & conservatorship when necessary. If you have further questions or need assistance with these matters, we are here to help. Contact us today to schedule a consultation and take the first step toward ensuring the well-being of your loved ones.


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

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Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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