How Do I Name a Guardian for My Minor Children in Montana?

See how a parent names a guardian for their minor children in Montana, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Montana, a parent names a guardian for a minor child in a will (Mont. Code Ann. §§ 72-5-211, 72-5-213, 72-5-222, 72-5-223). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless it finds that person unsuitable (Mont. Code Ann. §§ 72-5-211, 72-5-213, 72-5-222, 72-5-223).

No. In Montana, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. Montana allows a Delegation of Powers by Parent or Guardian (Power of Attorney) (Mont. Code Ann. § 72-5-103): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Montana, a child 14 or older may choose their guardian, subject to the court's approval (Mont. Code Ann. §§ 72-5-223, 72-5-213).

Montana uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Mont. Code Ann. § 72-5-223)

Montana Estate Planning Resources

In-depth guides covering Montana probate laws, trust requirements, and estate planning strategies.