Montana
Overview
Montana passed a supported decision-making statute effective 2021. As of mid-2025, no case law has explicitly recognized SDM to overturn guardianship. However, two recent Montana Supreme Court opinions involved guardianship decisions applying the statute and affirming appointments of guardians and conservators without exploring SDM alternatives.
Guardianship Laws
Mont. Code. Ann. §§ 72-5-101 to -104; 72-5-301 to -638
Supported Decision-Making
Supported Decision-Making Statute
- Will be codified at Mont. Code Ann. §§ 72-5-305, -316, -319, -321, as of 04/12/2021, law enacted but not yet codified. Link to Enacted Bill:
State Legislation
- Mont. Code Ann. § 72-5-305
- Description: Identifies supported decision-making as a less restrictive alternative to guardianship.
- Mont. Code. Ann. § 49-4-602
- Description: Identifies supported decision-making as an auxiliary aid or service for anatomical gifts and organ transplants.
- S.B. 202, 2019 Leg., 66th Reg. Sess. (Mont. 2019)
- Description: Provides for equal access to anatomical gifts & organ transplantation, including supported decision-making.
- Status: Enacted May 12, 2021.
- Senate Bill SB 31, Reg. Sess. 2021.
- Description: Requires consideration of less restrictive options in adult guardianship proceedings, including supported decisionmaking (sic).
- Status: Passed – became law March 1, 2021.
None found
- S.B. 202, 2019 Leg., 66th Reg. Sess. (Mont. 2019).
- Description: Would have formally recognized SDM as a less restrictive alternative to guardianship consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
- Status: Failed – Died in standing committee (Judiciary) on April 25, 2019.
Case Law & Court Orders
- H.B. Matter of Guardianship & Conservatorship of J.F.R., 2024 MT 223, 557 P.3d 45 (Mont. 2024)
- Description: The Montana Supreme Court affirmed the district court’s appointment of a nonprofit conservator and temporary co-guardians despite arguments that the individual had a support team and preferred arrangements. The Court held that the statutory requirements for temporary appointments were met and supported decision-making was not sufficient given evidence of cognitive decline, restricted communication, and large unexplained financial transfers.
- In re Guardianship of M.H.O., 2024 MT 51N (nonprecedential memo), March 12, 2024
- Description: The Montana Supreme Court affirmed the appointment of a relative as guardian and a nonprofit entity as conservator for an older adult with alcohol-induced dementia. Although the appellant objected and had a personal support team, the Court upheld the lower court’s conclusion that less restrictive alternatives, such as informal supports, were not sufficient given the severity of cognitive impairment and evidence of self-neglect. While supported decision-making was not explicitly discussed, the decision reflects judicial application of Montana’s requirement to evaluate less restrictive alternatives.
State Grant Programs
None awarded
Other Resources
- Resources for Making Guardianship Decisions – Montana Youth Transitions
- Alternatives to Guardianship -The Rural Institute on Disabilities has created a number of resources, including a comprehensive toolkit, to explain supported decision making and the variety of option.
- Supported Decision Making Resources – Disability Rights Montana
- Fact Sheet: Less Restrictive Approaches to Supporting Individuals as Decision Makers – Montana Rural Institute (2019)
Information Last Updated: January 24, 2025