Montana Senate Bill SB559

Montana 2023 Regular Session

• Introduced: 3/27/23
• Refer: 3/28/23
• Engrossed: 4/4/23
• Refer: 4/5/23
• Failed: 5/8/23

Caption

Revise adult guardianship laws

Impact

The bill also requires full guardians to submit initial care plans to the court, ensuring there is a clear strategy for the care, support, and welfare of the ward. These plans must address the ward's living arrangements, payment strategies for expenses, and their health care needs. By mandating thorough documentation and accountability from guardians, the bill seeks to protect the rights of the wards and enhance the standards of care provided within guardianship arrangements. Additionally, these changes underscore Montana's commitment to safeguarding vulnerable adults under guardianship.

Summary

Senate Bill 559 aims to revise adult guardianship laws in Montana by instituting several key changes to the existing framework. One of the primary provisions of the bill is the introduction of an additional filing fee for individuals petitioning for guardianship of an adult. This fee structure is designed to support the administrative costs associated with processing these petitions. Furthermore, the bill mandates background checks for those nominated as guardians, enhancing the process's integrity and ensuring that individuals appointed to these significant roles are trustworthy and reliable.

Contention

While the revisions in SB559 are largely seen as positive strides towards better regulated guardianship practices, the bill has prompted discussions related to potential challenges. Detractors may express concerns regarding the financial burden imposed by additional fees on petitioners, as well as the complexity of ensuring compliance with the new legal requirements, including the necessity of background checks and detailed care planning. Critics may question how these elements could impact access to guardianship services, particularly among low-income individuals who may feel deterred by the associated costs.