53-22-105. Court review. The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to not make a transfer out of the state without approval of the district or probate court. Before granting approval, the court shall hold hearings that it considers appropriate. In addition, the court shall designate some appropriate person to deliver written notice of the proposed transferee’s right to a hearing to the proposed transferee and the transferee’s guardian ad litem. The person serving the notices shall make a written return to the court that service has been made. At the conclusion of the hearing, if any, the court may approve the proposed transfer, order the release of the proposed transferee, or enter any other suitable order.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 53-22-105

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probate: Proving a will
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201