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Montana Guardianship Attorney & Missoula Conservatorship Lawyer
Guardianship And Conservatorship Help In Montana
When an adult loved one can no longer manage personal or financial decisions, families often feel torn between wanting to help and respecting independence. A Montana guardianship attorney at Bulman, Jones & Cook can help you petition the court for the authority you need to keep your loved one safe, while staying within legal boundaries. We work with families in Missoula, the Bitterroot, and across Western Montana to balance protection, dignity, and family relationships.
Understanding Roles For Personal And Financial Decisions
Guardianship generally covers
personal and medical decisions, such as where someone lives, which doctors they see, and what kind of daily care they receive. Conservatorship focuses on financial matters, including managing income, paying bills, and handling real estate or investments. Sometimes one person serves in both roles, and in other cases different people or professionals are appointed, which we help you structure based on your family's needs.
Recognizing Incapacity And Risk
Courts in Montana typically require evidence that an adult is unable to make responsible decisions and that a guardianship or conservatorship is in their best interests. Common situations include advanced dementia, severe mental illness, brain injuries, or developmental disabilities that make independent management unsafe. We review whether
less restrictive options like powers of attorney or representative payees might work, and when they do not, we explain the guardianship process clearly.
Steps To Obtain Authority In Montana Courts
The process starts with filing a petition in the
district court where your loved one lives and providing notice to close relatives and the person involved. A medical or psychological evaluation is usually required, and the court may appoint an investigator or visitor to gather information. At the hearing, the judge decides whether a guardian or conservator is needed and, if so, who should serve, and we prepare you to present your case respectfully and effectively.
Carrying Out Fiduciary Responsibilities
Once appointed, a guardian must act in the protected person's best interests when making decisions about housing, health care, and daily life. A conservator manages finances carefully, keeps funds separate, and files required accountings with the court. Bulman, Jones & Cook supports guardians and conservators after appointment, answering questions and helping with reports so you stay in compliance.
Common Questions About Montana Guardianships
Who can serve as a guardian or conservator?
Courts usually look first to close family members such as spouses, adult children, or siblings. If no suitable relative is available, a professional or public guardian may be appointed. The judge's goal is to choose someone who will act reliably and in the protected person's best interests.
Do I need a Montana guardianship attorney to file a case?
While the law does not strictly require an attorney, guardianship and conservatorship cases involve detailed forms, notice rules, and evidentiary requirements. Mistakes can delay the case or even result in denial. Working with an experienced lawyer makes the process smoother and more predictable.
What if family members disagree about who should be guardian?
Disagreements among siblings or other relatives are common in these cases. If the dispute cannot be resolved informally, the court will hold a hearing and consider evidence from all sides. We can represent you in that process and may suggest mediation to reduce long term family strain.
How long does a guardianship or conservatorship last?
Many arrangements continue indefinitely, especially when incapacity is unlikely to improve, such as advanced dementia. In some cases, temporary or emergency guardianships may be ordered for a limited period. The court can also modify or terminate a guardianship if circumstances change.
Are there alternatives to guardianship or conservatorship?
Yes, sometimes powers of attorney, trusts, or supported decision making arrangements can meet a person's needs without full court involvement. These options are best explored while the person still has legal capacity to sign documents. We help families compare options and choose the least restrictive approach that still keeps their loved one safe.
Talk With A Montana Guardianship Attorney
Deciding to seek guardianship or conservatorship for a parent, spouse, or adult child is never easy. Bulman, Jones & Cook walks with you through each step, from deciding whether to file to carrying out your new responsibilities if appointed. Contact our Missoula office to speak with a Montana guardianship attorney about how to protect your loved one while respecting their dignity.