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Current as of January 01, 2024 | Updated by Findlaw Staff
(1)(a) Except as provided in subsection (1)(b), the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in 72-5-325. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
(b) The guardian's authority and responsibility for an incapacitated person who dies while the person is a ward of the guardian terminate when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects, as provided in 72-5-321(7).
(2) Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for funds and assets of the ward.
Cite this article: FindLaw.com - Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-5-324. Termination of appointment--how effected--certain liabilities and obligations not affected - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-st-72-5-324/
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