Montana § 72-5-304 - Objection By Alleged Incapacitated Person To Testamentary Appointment

§ 72-5-304. Objection By Alleged Incapacitated Person To Testamentary Appointment

Objection by alleged incapacitated person to testamentary appointment. Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305 , 72-5-306 , 72-5-311 through 72-5-322 , 72-5-324 , and 72-5-325 .