Montana Guardianship Timeline: How Long Does Guardianship Take

The time from filing a petition to the court issuing an order varies by county, the docket, whether anyone contests the petition, and how quickly the mandatory evaluations get scheduled.

The Step-by-Step Timeline

Filing the petition. Once you submit the verified petition and pay the $70 statutory filing fee, county surcharges can bring the actual total to $100–$120. If you're requesting a fee waiver through the Statement of Inability to Pay, some counties may require several days for a judge to sign the waiver order before the case officially opens.

Court appointments. The judge must appoint three people: independent legal counsel to represent the respondent, a court visitor to investigate and interview all parties, and a physician or psychologist to conduct a capacity evaluation. The speed of these appointments depends on local availability. In rural Montana counties, finding a qualified visitor or physician willing to take the case can add weeks.

Notice service (at least 14 days before hearing). Under MCA § 72-5-314, you must serve written notice of the hearing date and a copy of the petition on the respondent personally — through a sheriff's deputy or professional process server — plus on their spouse, parents, and adult siblings. Notice must be served at least 14 days before the hearing.

Evaluations and visitor report. The court visitor must personally interview the respondent, the petitioner, and the proposed guardian, inspect the respondent's current and proposed residences, and submit a written report. The examining physician must conduct a comprehensive evaluation of cognitive functioning and adaptive behavior. These evaluations are the most common source of delays — scheduling conflicts, travel to rural areas, and the time needed to write thorough reports all contribute.

The hearing. The hearing is a formal judicial proceeding. The respondent has the right to be present, see and hear all evidence, present witnesses, cross-examine the visitor and physician, and even demand a jury trial. In uncontested cases where the family agrees on the arrangement and the evaluations clearly support the petition, the hearing may take under an hour. Contested cases — where the respondent objects, family members disagree, or the evidence is ambiguous — can require multiple hearing days.

Post-appointment duties. Within 90 days of the appointment order, the guardian must file both a formal Care Plan and an itemized inventory of the ward's assets. Then annual reporting begins — a well-being report and financial accounting due within 30 days of each appointment anniversary.

What Slows Things Down

Three factors can extend the Montana guardianship timeline:

Rural county logistics. Montana has 56 counties spread across the fourth-largest state by area. In smaller counties, the district court may sit only certain days of the month, court visitors may need to travel long distances, and qualified physicians may be hours away.

Contested proceedings. If the respondent opposes the guardianship — or if family members disagree about who should serve as guardian or whether guardianship is necessary at all — the case shifts from administrative to adversarial. The respondent's attorney may request additional evaluations, call expert witnesses, or file motions challenging the petition's sufficiency. Contested cases can take substantially longer.

Incomplete less-restrictive-alternative documentation. Since SB 31 (2021) took effect, Montana judges must be satisfied that less restrictive options were tried and proved insufficient before granting guardianship. If the petition doesn't adequately document what alternatives were attempted, the court may continue the hearing and order the petitioner to explore supported decision-making or powers of attorney before proceeding.

Emergency and Temporary Guardianship

When an immediate risk of serious physical harm or financial exploitation exists, MCA § 72-5-317 allows the court to appoint a temporary guardian for a specified period not exceeding six months. The court may waive the standard visitor and physician evaluations only upon a showing of immediate, irreparable harm. Temporary appointments carry strict limitations on the guardian's authority. They're designed to stabilize a crisis while the full petition process runs its course.

For families who aren't sure whether they need to file at all, the Montana Adult Guardianship & Alternatives Guide walks through the complete timeline alongside the out-of-court alternatives that can be arranged without waiting for a court proceeding.

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