Montana Title 53. Social Services and Institutions § 53-6-186. Action by department or other person to preserve property subject to lien--recovery of costs

(1) The department may, in its discretion, take any action it considers necessary to prevent waste or loss or to preserve the value of property subject to a lien under 53-6-171 through 53-6-188, including but not limited to the following:

(2) The department's reasonable costs and expenses to prevent waste or loss or to preserve the value of the property are secured by the lien imposed under 53-6-171 and may be recovered in addition to all other amounts secured by the lien.

(3) A person who, after the institutionalization or death of the recipient and after the institutionalization of the recipient's surviving spouse, if any, paid real property taxes, homeowner's insurance premiums, or reasonable costs of necessary maintenance or repairs on behalf of the recipient or recipient's spouse, with respect to property subject to a lien under 53-6-171 through 53-6-188, has a claim against the proceeds of a sale of the property under writ of execution issued pursuant to 53-6-183 for recovery of any amounts paid for those purposes. The claim must be supported by written documentation that clearly demonstrates the amount of each payment, the purpose of each payment, and the services and items purchased with each payment. A claim for reimbursement made under this subsection is prior to the department's lien imposed under 53-6-171.

(4) The amount of a claim made under subsection (3) must be reduced by: