Montana Guardianship Requirements: Who Can Be a Guardian and What Courts Need

Filing for guardianship of an adult in Montana means meeting specific legal requirements before a district court will grant guardianship. The process is deliberately demanding because guardianship removes fundamental civil rights from the person placed under it.

Who Qualifies to Serve as Guardian

Montana law allows any interested person to petition for guardianship — typically a parent, adult child, spouse, or other family member. The petitioner does not have to be the same person proposed as guardian, though they usually are.

To serve as guardian, you must be a competent person or a suitable institution, association, or nonprofit corporation. The court selects the person or entity it finds best qualified and willing to serve, subject to statutory priorities and disqualifying conflicts.

If the proposed guardian lives outside Montana, confirm the local court's requirements and plan for court appearances, filing deadlines, and coordinating with local service providers like the Developmental Disabilities Program.

What the Petition Must Contain

Under MCA § 72-5-319, the guardianship petition is a verified document (signed under oath) that must include several specific elements. You need to state the respondent's name, age, and county of residence. You must describe the specific areas where they need protection — medical decision-making, residential placement, financial management, or some combination. Critically, the petition must explain which less restrictive alternatives were attempted and why they proved insufficient.

This last requirement is where many petitions run into trouble. Since Senate Bill 31 took effect in 2021, Montana courts are legally prohibited from appointing a guardian unless the judge is satisfied that less restrictive alternatives — supported decision-making, powers of attorney, representative payee arrangements — cannot meet the respondent's needs. A petition that simply asserts "guardianship is necessary" without documenting what was tried first is likely to be rejected or continued.

The Evidentiary Standard

Montana uses the preponderance of evidence standard for guardianship proceedings — meaning the petitioner must show it's more likely than not that the respondent meets the legal definition of an incapacitated person under MCA § 72-5-101(1). This is the standard civil burden of proof, not the higher "beyond a reasonable doubt" standard used in criminal cases.

The evidence typically comes from three mandatory court appointees: a court-appointed physician (or psychologist) who examines the respondent and submits a written capacity evaluation, a court visitor who interviews all parties and inspects living arrangements, and independent legal counsel who represents the respondent's expressed wishes — even if those wishes conflict with the petitioner's view of what's best.

Filing Location and Fees

You file in the district court of the county where the respondent lives or is present, per MCA § 72-5-311. The baseline statutory filing fee under MCA § 25-1-201 is $70, but county-specific surcharges for court reporter services and IT automation bring the typical total to $100–$120 depending on the county. Flathead and Sweet Grass Counties charge $100; Yellowstone and Gallatin Counties can reach $120.

Families who cannot afford the filing fee can submit a Statement of Inability to Pay Court Costs and Fees to request a waiver. Be aware that some county clerks will not open the case file until a judge has physically signed the waiver order, which can introduce delays of several days.

The full guardianship process — filing through hearing — typically costs $3,000–$7,000 when you include attorney fees, professional evaluations, and process server charges. For families exploring whether they actually need court intervention, the Montana Adult Guardianship & Alternatives Guide maps out every requirement alongside the alternatives that avoid court entirely.

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