Objection by alleged incapacitated person to testamentary appointment
Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305 through 72-5-325.
Objection by alleged incapacitated person to testamentary appointment
Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305 72-5-305, 72-5-306, 72-5-311 through 72-5-322, 72-5-324, and 72-5-325.
| EnactedEn. 91A-5-301 by SectionSec. 1, ChapterCh. 365, Laws ofL. 1974 |
| Revised Codes of MontanaR.C.M. 1947, 91A-5-301(4) |
| AmendedAmd. SectionSec. 20, ChapterCh. 582, Laws ofL. 1989 |