Study guardianships and conservatorships

**** Legislature HJ 26
- 1 - Authorized Print Version – HJ 26
ENROLLED BILL
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY OF GUARDIANSHIP ISSUES; AND REQUIRING THAT THE
FINAL RESULTS OF THE STUDY BE REPORTED TO THE 70TH LEGISLATURE.
WHEREAS, Montana has established a system of guardianships and conservatorships to protect
people and their property when they cannot protect themselves; and
WHEREAS, court-appointed guardians and conservators are often untrained and lack experience to
perform their duties; and
WHEREAS, there have even been cases of experienced conservators committing acts of malfeasance;
and
WHEREAS, the system established in Montana to protect people who need protection is often not
protecting them; and
WHEREAS, Oregon has a Conservatorship Audit Program housed in the Attorney General's Office to
assist courts to understand and assess guardianship and conservatorship case filings; and
WHEREAS, in 2011, Minnesota established a Conservator Account Auditing Program in the Judicial
Branch to improve conservatorship oversight and reduce administrative costs; and
WHEREAS, several states provide licensing or certification and training of guardians and conservators.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
THE STATE OF MONTANA:
That the Legislative Council be requested to designate an appropriate interim committee or statutory
committee, pursuant to section 5-5-217, MCA, to study guardianship issues in Montana, including but not
limited to training, licensing, certification, and auditing of guardians and conservators.
**** Legislature HJ 26
- 2 - Authorized Print Version – HJ 26
ENROLLED BILL
BE IT FURTHER RESOLVED, that the study:
(1) review existing resources in Montana for guardians and conservators;
(2) examine programs other states use to train, license, certify, and audit guardians and
conservators;
(3) identify potential costs of programs and funding sources;
(4) determine where a Montana program should be placed for administrative purposes; and
(5) involve input and feedback from stakeholders, including but not limited to guardians,
conservators, family members of those needing assistance, organizations involved in supporting guardians and
incapacitated individuals, judges, staff from the Department of Public Health and Human Services and the
Department of Justice, and any other stakeholders considered relevant by the committee.
BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review
requirements, be concluded prior to September 15, 2026.
BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions,
comments or recommendations of the appropriate committee, be reported to the 70th Legislature.
- END -
I hereby certify that the within bill,
HJ 26, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE JOINT RESOLUTION NO. 26
INTRODUCED BY B. CLOSE, S. FITZPATRICK, A. GRIFFITH, K. SULLIVAN, B. MERCER, A. NICASTRO, G.
OVERSTREET, J. REAVIS
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
MONTANA REQUESTING AN INTERIM STUDY OF GUARDIANSHIP ISSUES; AND REQUIRING THAT THE
FINAL RESULTS OF THE STUDY BE REPORTED TO THE 70TH LEGISLATURE.