No such proceeding
Generally, a person may become a minor’s guardian “by acceptance of a testamentary appointment [made by the minor’s parent] or upon appointment by the court.” Mont. Code Ann. § 72-5-201. A court is permitted to “appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or if parental rights have been suspended or limited by circumstances or prior court order.” § 72-5-222(1).
Accordingly, because there appears to be no method of appointing a guardian for a minor child through the probate code absent a separate proceeding having occurred that terminated parental rights, this development is classified as “No such proceeding.”
To learn more about parents’ right to counsel in termination of parental rights matters in other contexts, please see Legislation, Termination of Parental Rights (State) – Birth Parents and Litigation, Termination of Parental Rights (Private) – Birth Parents.
