To become a guardian in Montana, you file one of two form packets with the Clerk of District Court in the county where the proposed ward lives: the minor child packet if the ward is under 18, or the adult guardianship forms if the ward is an incapacitated adult. The Montana Judicial Branch publishes both sets for free, and the statutory filing fee is $100.1Montana Judicial Branch. Fee Schedule – Civil Montana Clerks of District Courts The forms differ in content and in the procedures that follow, so pick the right track before you download anything.
Which Packet You Need
Montana splits guardianship into two statutory tracks. Guardianship of a minor child falls under Part 2 of the Uniform Probate Code (Title 72, Chapter 5), and guardianship of an incapacitated adult falls under Part 3. The forms, notice rules, and court procedures overlap in places but are not interchangeable.
Minor guardianship generally arises when a child’s parents are deceased, absent, or unable to provide adequate care. The court decides based on whether the arrangement serves the child’s welfare. Adult guardianship carries a heavier burden: the petitioner must show the proposed ward is incapacitated and that no less restrictive alternative will adequately protect them. That heavier burden is why the adult forms trigger more procedural safeguards, including the possibility of a court-appointed visitor who investigates the situation independently.
Montana Guardianship Forms for a Minor Child
The Judicial Branch provides a standardized packet of nine forms for becoming a minor child’s guardian.2Montana Judicial Branch. Instructions for Becoming a Minor Child’s Guardian The core documents are:
- Petition for Guardianship of a Minor Child, which lays out who you are, who the child is, and why guardianship is needed.
- Oath and Affirmation of Guardian, your sworn statement acknowledging the duties of the role.
- Parent’s Consent to Appointment of Guardian, required if a living parent consents to the arrangement.
- Nomination of Guardian by Minor Child Age 14 or Older. Montana allows children 14 and older to formally state their preference.
- Order Setting Hearing and Notice of Hearing, which schedule and publicize the hearing date.
- Order Appointing Guardian and Letters of Guardianship, the final documents the judge signs if the petition is granted. The Letters are what you show third parties — schools, doctors, banks — as proof of your authority.
File the originals with the Clerk of District Court in the county where the child lives.
Montana Guardianship Forms for an Incapacitated Adult
The adult forms are posted separately on the Judicial Branch’s guardianship and conservatorship page.3Montana Judicial Branch. Guardianship and Conservatorship Forms You will find both the up-front filing documents and the forms you’ll use once appointed, including:
- Guardian Care Plan
- Guardian Inventory
- Guardian Annual Report
- Guardian Annual Accounting, published in small-estate and standard versions
The petition itself must establish the nature and extent of the person’s incapacity. The court may also require a professional evaluation of the proposed ward’s condition before it moves forward, which is a step the minor forms do not involve.
Where to File and What It Costs
Once your forms are complete, file them with the Clerk of District Court in the county where the proposed ward lives. For adult guardianship, venue can also be in the county where a court previously ordered the person’s admission to an institution.4Montana State Legislature. Montana Code 72-5-311 – Venue for Proceedings for Court Appointment of Guardian
The statutory filing fee is $100.1Montana Judicial Branch. Fee Schedule – Civil Montana Clerks of District Courts Plan for costs beyond that: service of process on everyone entitled to notice, medical or psychological evaluations of the proposed ward, and fees for a court-appointed visitor or guardian ad litem if the court orders one. Depending on complexity, these extras can add several hundred dollars.
Who Must Receive Notice Before the Hearing
The forms alone will not get you a hearing. Montana requires the petitioner to serve notice on everyone with a legal interest in the proposed ward’s welfare, and missing someone on that list is one of the most common reasons petitions stall.
For minor guardianship, you must notify both biological parents (if living), any person who has had care and custody of the child during the 60 days before the petition was filed, and the child themselves if 14 or older.2Montana Judicial Branch. Instructions for Becoming a Minor Child’s Guardian If you cannot locate a parent or other required party, the forms ask you to say so and describe the efforts you made to find them.
For adult guardianship, Montana Code 72-5-314 governs notice. Generally, the proposed ward, their spouse, parents, adult children, and anyone currently serving as guardian or conservator must all be served. Proper service matters because interested parties have the right to appear at the hearing, present evidence, and object.
Forms That Come After Appointment
Appointment is not the end of your paperwork. A full guardian of an adult must file an annual report covering both the ward’s condition and the status of any estate property the guardian controls. A copy also goes to the ward’s parent, child, or sibling if that person has formally requested it. The court can waive annual reporting, but most courts want the oversight. A limited guardian reports on the same topics only as the court order or court rules require.5Montana State Legislature. Montana Code 72-5-321 – Powers and Duties of Guardian of Incapacitated Person Use the standardized Annual Report and Annual Accounting forms on the Judicial Branch site.3Montana Judicial Branch. Guardianship and Conservatorship Forms Missed or incomplete reports can trigger a court review and, if they continue, removal.
Three federal filings also commonly fall on new guardians, and none of them come from the Montana court packets:
IRS Form 56. If the ward has income, assets, or tax obligations, file Form 56 to notify the IRS that you are now acting as a fiduciary. The form formally establishes your authority to handle the ward’s tax matters and is required whenever a guardianship creates a new fiduciary relationship.6Internal Revenue Service. Instructions for Form 56 If the ward’s estate generates gross income of $600 or more in a tax year, you will also need to file Form 1041.7Internal Revenue Service. Instructions for Form 1041 and Schedules A, B, G, J, and K-1
SSA representative payee application. Being appointed guardian does not make you the payee for the ward’s Social Security benefits. The Social Security Administration makes its own determination, and that person may or may not be the court-appointed guardian.8Social Security Administration. Guide for Organizational Representative Payees To manage the ward’s Social Security or SSI payments, apply separately through the SSA and provide a copy of your court appointment documents.
Certified Letters of Guardianship for medical access. Under the HIPAA Privacy Rule, a court-appointed legal guardian of an incapacitated adult qualifies as the ward’s personal representative, so providers must treat you like the patient for records and treatment decisions.9HHS.gov. Personal Representatives Bring a certified copy of your Letters to medical appointments. Providers will ask.
When Forms May Not Be Necessary
Before you file anything, confirm that guardianship is actually the right tool. Montana law pushes courts to consider less restrictive options first. Montana Code 72-5-305 and 72-5-316 recognize supported decision-making, where the individual keeps legal authority but works with trusted advisors on healthcare, finances, and daily life. If supported decision-making or another arrangement adequately protects the person, the court should choose that over guardianship.
Other tools that can sometimes eliminate the need for guardianship entirely include durable powers of attorney (which must be signed while the person still has capacity), healthcare directives, and representative payee arrangements through the SSA. If any of these already cover the situation, the court may decline to appoint a guardian at all, and the forms stay unfiled.
Where some court involvement is needed but a full appointment would be too broad, Montana also permits limited guardianship. The court order grants only specific powers, and everything not transferred stays with the ward. The same petition forms are used; the appointment order is simply narrower.