Guardianship and Conservatorship

Unfortunately, an elderly person may at some point become unable to care for themselves. This could include the inability to remember to take necessary medications, maintain regular hygiene, or properly manage their finances. In these instances, it may be in the elderly person’s best interest for a court to appoint a guardian. A guardian may have many responsibilities, such as deciding where the elderly person will live, how to keep the elderly person healthy, and how to arrange for recreation and social contact.


In Montana, the court may opt to appoint a conservator to act on behalf of a person who is unable to manage their own assets. While this person does not typically have control over health care decisions, they do have full authority to manage assets, make financial decisions, and otherwise handle all financial transactions on behalf of a person who is incapacitated, or otherwise deemed a “protected person”.