SB 31 Montana Guardianship Alternatives: What Senate Bill 31 Changed

Senate Bill 31, enacted in 2021, changed the rules for how Montana courts handle adult guardianship petitions. Before SB 31, less restrictive alternatives to guardianship existed under Montana law, but the statute didn't spell out what those alternatives were or how rigorously judges needed to consider them. SB 31 fixed that gap — and understanding the changes matters for any family considering a guardianship filing.

What SB 31 Actually Did

SB 31 amended four sections of Montana's probate code: MCA §§ 72-5-305, 72-5-316, 72-5-319, and 72-5-321. The key changes were:

It defined "less restrictive alternative" in statute. Under the amended MCA § 72-5-305, a less restrictive alternative explicitly includes supported decision-making, appropriate technological assistance, and the appointment of a representative payee. Before SB 31, judges had discretion about what counted as an alternative. Now the statute names specific mechanisms.

It defined "supported decision-making." The same section codifies SDM as a framework where an adult with a disability chooses trusted individuals to help them understand, evaluate, and communicate life decisions — without surrendering their own decision-making authority.

It tightened the court's gatekeeping duty. Under the amended MCA § 72-5-316, a district court is legally prohibited from appointing a guardian unless it is explicitly satisfied that the identified needs of the person cannot be met by a less restrictive alternative. This isn't a suggestion — it's a legal prerequisite to appointment.

It required guardians to document SDM efforts. The amended MCA § 72-5-321 strengthened the guardian's duty to encourage the ward's maximum self-reliance, specifically including consideration of supported decision-making in the guardian's ongoing responsibilities and reporting.

What SB 31 Did Not Do

One critical limitation: SB 31 did not create a standalone Supported Decision-Making Agreement Act. Montana defines SDM and requires courts to consider it, but the state hasn't enacted a statute that legally mandates third-party institutions — banks, hospitals, utility companies — to honor a private SDM agreement.

This means a family relying solely on an informal supported decision-making arrangement may hit administrative walls when a bank refuses to let a supporter participate in financial decisions, or a hospital declines to discuss treatment with someone who isn't the patient or a legally authorized agent.

The practical solution is pairing SDM with legally enforceable instruments. A supported decision-making agreement documents the collaborative relationship and builds a track record of less restrictive support. A durable financial power of attorney under MCA § 72-31-353 and a healthcare power of attorney give the supporter legal authority that institutions must recognize. Together, these tools create a comprehensive framework that satisfies SB 31's requirements without requiring court involvement.

How SB 31 Affects Guardianship Petitions

If you're filing a guardianship petition in Montana after SB 31, the petition itself must address less restrictive alternatives. Under the amended MCA § 72-5-319, the petition must state what alternatives were considered or attempted and explain why they proved insufficient.

A petition that simply alleges "guardianship is necessary" without documenting the alternatives that were explored is vulnerable to being continued or denied. Judges take the SB 31 mandate seriously — the court visitor's report specifically evaluates whether less restrictive options were genuinely attempted.

For families preparing a petition, this means building a record. Document the SDM agreement you tried and how third-party institutions responded. Note which voluntary instruments were executed and where gaps remained. Keep records of incidents that demonstrate why the alternatives couldn't adequately protect the person.

The Bigger Picture

SB 31 reflects a national shift toward recognizing that guardianship is one of the most restrictive legal interventions the state can impose on an individual. Montana's Constitution declares the dignity of the human being inviolable — SB 31 operationalizes that principle in probate court by ensuring guardianship is genuinely a last resort.

The Montana Adult Guardianship & Alternatives Guide walks families through every alternative SB 31 references, with step-by-step instructions for building the kind of layered support framework that satisfies the statutory mandate without requiring court supervision.

See more Montana guides →