Montana Standby Temporary Guardian Legal Documents Package Montana Form
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People also ask
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Does guardianship override parental rights in Montana?
No, guardianship does not automatically override parental rights. However, there can be situations where a guardian's decisions may take precedence if a court agrees that they are in the ward's best interest.
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What is temporary guardianship of a minor in Montana?
A temporary guardianship is commonly used when the caregiver is not the Power of Attorney for the minor child and there is not an adult caregiver to make medical and educational decisions for the child on an immediate basis.
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What is the difference between guardianship and conservatorship in Montana?
Conservatorships are much less restrictive than guardianships, being that the Adult Under Conservatorship retains most of their rights, like the right to marry, vote, or draft a Will. They are also highly customizable.
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How do I get legal guardianship in Montana?
In seeking private guardianship of a minor child, a Petition for Guardianship of a Minor Child and the Oath and Affirmation of Guardian must be completed and filed. These two documents are filed in the district court in the county that the child currently resides.
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How does guardianship work in Montana?
A 'legal guardianship' is a judicially created relationship between a child and caregiver that is intended to be permanent and self-sustaining, as evidenced by the transfer to the caregiver the following parental rights with respect to the child: protection, education, care and control of the child, custody of the ...
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How long does temporary guardianship last in Montana?
A temporary guardian who is otherwise ineligible shall serve until a person or entity who is not ineligible to serve as guardian and who is otherwise qualified to be guardian is appointed by the court to act as temporary guardian, but the temporary guardian may not serve for longer than 6 months.
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Does guardianship override parental rights in Montana?
No, guardianship does not automatically override parental rights. However, there can be situations where a guardian's decisions may take precedence if a court agrees that they are in the ward's best interest.
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How long does temporary custody last in Montana?
(2) An order for temporary legal custody may be in effect for no longer than 6 months.
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