The state of Montana provides a packet with 8 different forms required to establish guardianship. The forms are listed below:
· Petition for Appointment of Guardian of a Minor
· Consent of Parent to Appointment of Guardian of a Minor and Waiver of Parental Rights
· Minor’s Nomination of Guardian
· Request of Hearing
· Order Granting Hearing
· Notice of Hearing
· Findings of Fact, Conclusions of Law, and Order Appointing Guardian of Minor
· Letters of Guardianship
“Guardianship of Minor Packet Step 1”
If both parents are deceased, the second form needs filled out by another immediate family member unless then minor is 14 years or older. The third form allows the minor to elect the guardian if the election meets the best interests of the minor.
“Guardianship of Minor Packet Step 2”
In the first section of the petition, the petitioner needs to list their relationship to the child as well as their address.
“Guardianship of Minor Packet Step 3”
In part 2, provide the age of the minor, the minor’s date of birth, and the current address of the minor.
“Guardianship of Minor Packet Step 4”
In part 3, list the person who has had custody of the minor for at least the past 60 days and their address.
“Guardianship of Minor Packet Step 5”
In part 6, circle the appropriate age description. If you circle option 2, provide the minor’s signed nomination.
“Guardianship of Minor Packet Step 6”
In parts 7, 8, and 9, provide the information for the mother and father and choose the best option to describe why their parental rights have been suspended or terminated. Attach the appropriate forms depending on the option you choose.
“Guardianship of Minor Packet Step 7”
In part 10, provide information for the parties that need notice of the time and place of the hearing. Only provide information in the sections that apply.
“Guardianship of Minor Packet Step 8”
In part 11, provide your signature before Notary Public. After notice is sent to all of the appropriate parties, a hearing will be held to determine if the guardianship meets the child’s best interests. If the court grants the guardianship, the Letters of Guardianship will be issued and the judge will provide the rights and responsibilities of the guardians and the minor.
