Montana Code 72-5-305. Definitions
72-5-305. Definitions. In this part, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 72-5-305
- 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
(1)”Full guardian” means a guardian who possesses all the legal duties and powers enumerated in 72-5-321.
(2)”Guardian” includes a full guardian and a limited guardian.
(3)”Less restrictive alternative” means an approach to meeting a person‘s needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.
(4)”Limited guardian” means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.
(5)”Supported decisionmaking” means assistance from one or more persons of a person’s choosing in:
(a)understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and
(b)communicating a decision, once made, if consistent with the person’s wishes.