Bill > HB777

This bill generally revises guardianship and conservatorship laws in Montana by introducing several key provisions to enhance transparency, accountability, and protection for individuals under guardianship. Before accepting appointment, potential guardians or conservators must now disclose any history of bankruptcy or criminal convictions, including felonies or crimes involving dishonesty, violence, or that are relevant to their guardianship duties. For professional guardians or conservators, the bill mandates comprehensive disclosures including certification status, educational background, professional experience, fee structures, potential conflicts of interest, and the number of wards they currently serve. The bill also requires guardians to file a detailed care plan within 60 days of appointment, outlining the ward's living arrangements, social activities, visitation plans, and goals for restoring the ward's rights. Additionally, the bill clarifies guardians' communication responsibilities, specifying that they cannot restrict a ward's ability to communicate or interact with others without specific court authorization or compelling evidence of potential harm. Guardians must now provide more robust reporting and be more transparent about their actions, with the goal of better protecting the rights and well-being of individuals under guardianship. Existing guardians will have until October 1, 2028, to comply with these new requirements.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC3176