Montana Guardianship Forms Free

Where to Download Free Montana Guardianship Forms

Montana provides all guardianship and conservatorship forms at no cost through two official sources. You do not need to buy forms from commercial document sites.

Montana Courts (courts.mt.gov/forms/guardianship) — The Montana Supreme Court Commission on Self-Represented Litigants maintains the complete set of forms required for adult guardianship and conservatorship proceedings. This includes:

• Petition for Appointment of Guardian / Conservator
• Notice of Hearing
• Order Appointing Guardian
• Letters of Guardianship
• Guardian Care Plan (due within 90 days of appointment)
• Inventory of Assets (due within 90 days)
• Annual Well-Being Report
• Standard Financial Accounting and Small Estate Accounting forms
• Petition for Termination or Modification of Guardianship

Montana Law Help (montanalawhelp.org) — A joint project of Montana Legal Services Association and the State Bar of Montana. It provides interactive, fill-in-the-blank versions of common court forms, including the Statement of Inability to Pay Court Costs and Fees (the fee-waiver application). The interactive versions guide you through the fields with plain-language explanations.

Forms You Need for Each Stage

Filing the petition:

1. Petition for Appointment of Guardian (or Conservator, or both)
2. Statement of Inability to Pay Court Costs — if you cannot afford the filing fee ($100-$120 depending on county surcharges)
3. Notice of Hearing — you must serve this on the respondent and immediate family at least 14 days before the hearing

After the court appoints you: 4. Letters of Guardianship — issued by the court, these prove your authority to third parties 5. Guardian Care Plan — filed within 90 days, detailing the ward's housing, medical care, social goals, and how you are encouraging independence 6. Inventory of Assets — filed within 90 days, listing every asset and liability as of the appointment date

Ongoing annual duties: 7. Annual Well-Being Report — due within 30 days of each appointment anniversary, covering the ward's health, residence, and activities 8. Annual Financial Accounting — the Standard form for estates over $50,000 in cash assets, or the simplified Small Estate form for cash under $50,000 and personal property under $2,000

What the Self-Help Law Center Cannot Do

Montana's Court Self-Help Law Centers (located in larger county courthouses) may provide access to forms and general information, but are legally prohibited from providing procedural guidance or selecting forms for you. They are also prohibited from:

• Recommending whether you should file for guardianship
• Advising on whether to request limited vs. full guardianship
• Interpreting court orders or statutes
• Reviewing your completed forms for legal sufficiency

If you need substantive legal guidance — especially about structuring a limited guardianship, drafting the petition's less-restrictive-alternatives section, or coordinating guardianship with SSI and Medicaid — the Self-Help Law Center will direct you to Montana Legal Services Association (for income-eligible families), Disability Rights Montana (for rights protection issues), or a private special needs attorney.

Pro Se Filing — Guardianship Without a Lawyer

Montana allows pro se (self-represented) petitioners to file for guardianship without an attorney. The forms are designed for this purpose. However, the process involves significant procedural requirements that a missed step can derail:

• The petition must specifically describe the less restrictive alternatives you attempted and why they were insufficient under MCA § 72-5-319
• You must arrange personal service of the notice and petition on the respondent through a sheriff's deputy or professional process server
• The court will appoint an attorney to represent the respondent (your adult child), a court visitor to investigate, and a physician to evaluate — you must cooperate with all three

Families who file pro se typically spend $100-$120 on filing fees (or $0 with an approved fee waiver) plus $50-$75 for process server costs. The significant savings over hiring a private attorney ($2,000-$5,000) makes pro se filing viable for straightforward cases — but contested cases or situations involving substantial assets strongly benefit from legal representation.

Before deciding whether guardianship is the right path, the Montana Guardianship & Alternatives Guide walks through every voluntary alternative — supported decision-making, powers of attorney, healthcare directives, and representative payee appointments — so you can determine whether court intervention is actually necessary for your family's situation.

See more Montana guides →