Pro Se Guardianship Montana

Filing for Guardianship Without an Attorney

Montana allows any adult to file a guardianship petition pro se — meaning without legal representation. The Montana Supreme Court Commission on Self-Represented Litigants provides free, downloadable court forms specifically designed for petitioners who do not have an attorney, and Court Self-Help Law Centers in larger courthouses may provide access to forms and general information but are legally prohibited from providing procedural guidance or selecting forms for you.

Pro se filing saves the $2,000-$5,000 in attorney fees that a private guardianship case typically costs. For families with straightforward, uncontested cases — where no one opposes the guardianship and the young adult's needs are clear — it is a viable path.

What You Must Get Right

The savings come with responsibility. Every procedural requirement that an attorney would handle falls on you, and missed steps can delay the hearing, leave your petition incomplete, or result in a guardianship order that is broader than necessary.

The petition must include the less restrictive alternatives section. Under MCA § 72-5-319, your petition must describe the alternatives you attempted or explain why they are not sufficient. This is not optional language — the petition must state the alternatives you considered, including supported decision-making and powers of attorney, and why they are insufficient. Write specific, factual statements: "We attempted a supported decision-making arrangement in [month/year] but [specific problem occurred]" is far stronger than "alternatives don't work."

Service of process must follow the rules exactly. You must personally serve the respondent (the person you are seeking guardianship over) with a copy of the petition and notice of hearing at least 14 days before the hearing date. Service must be performed by a sheriff's deputy or professional process server — not by you, not by a family member, not by mail. You must also send notice to the respondent's spouse (if any), parents, and adult siblings.

You must cooperate with court-appointed professionals. Even in a pro se case, the court appoints three people: an attorney to represent the respondent, a court visitor to investigate, and a physician to evaluate the respondent. You must make the respondent available for their interviews and examinations, provide access to the home for the visitor's inspection, and respond to their requests for records.

Where Pro Se Filings Commonly Go Wrong

Requesting broader authority than necessary. Without an attorney's guidance, pro se petitioners often default to requesting full guardianship when a limited guardianship would serve their needs. The court may still grant a limited order based on the evidence, but the petition itself signals that you did not fully explore the narrowest intervention possible.

Incomplete fee-waiver applications. If you cannot afford the filing fee ($100-$120 depending on county), you must submit the Statement of Inability to Pay Court Costs and Fees before or with your petition. In some Montana counties, the clerk will not accept the petition until a judge has signed the fee-waiver order — which can take several days. Submit the fee-waiver application early.

Missing the annual reporting deadlines. Once appointed, a guardian must file a Care Plan within 90 days and an Annual Well-Being Report within 30 days of each appointment anniversary. Pro se guardians who do not have an attorney tracking these deadlines sometimes miss them — and repeated missed filings can result in the court initiating proceedings to remove the guardian.

When You Should Hire an Attorney Instead

Pro se filing works best for uncontested cases with limited complexity. Hire an attorney if:

• The case is contested. If the respondent, another family member, or a state agency opposes the guardianship, you need legal representation for a formal evidentiary hearing.
• The young adult has substantial assets. Cases involving real property, inheritances, personal injury settlements, or other substantial assets may require a conservatorship alongside the guardianship — and the fiduciary bonding and accounting requirements are complex enough to warrant professional guidance.
• You need to coordinate with a special needs trust. If asset protection planning (ABLE accounts, SNTs, Medicaid preservation) is part of the picture, a special needs attorney ensures the guardianship and trust documents work together rather than creating conflicts.
• The case involves interstate jurisdictional issues. If the young adult may relocate across state lines, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA, MCA Title 72, Chapter 5, Part 6) governs transfer of jurisdiction — a process that requires legal counsel.

Free and Low-Cost Legal Resources

If you cannot afford a private attorney but need legal guidance:

• Montana Legal Services Association (MLSA) provides free legal assistance to income-eligible families, including help with guardianship petitions
• Disability Rights Montana offers advocacy and legal support specifically for disability rights matters, including resistance to overbroad guardianship petitions
• Montana Law Help (montanalawhelp.org) hosts interactive forms and plain-language guides

For a step-by-step walkthrough of the full process — from evaluating whether guardianship is necessary through filing the petition and managing ongoing duties — the Montana Guardianship & Alternatives Guide covers both the pro se path and the decision points where professional help becomes worth the cost.

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